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Opinions March 14, 2014

March 14, 2014
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The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals

Leonard Thomas v. Keith Butts, et al.
12-2902
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Vacates dismissal of Thomas’ lawsuit against prison officials alleging deliberate indifference to his epilepsy in violation of the Eighth Amendment. The judge dismissed the suit without determining if Thomas was at fault for not paying the initial filing fee.

Indiana Supreme Court
In re the Involuntary Termination of the Parent-Child Relationship of G.P., a Minor Child, and His Mother, J.A. v. Indiana Department of Child Services and Child Advocates, Inc.
49S02-1308-JT-558
Juvenile. Vacates judgment terminating J.A.’s parental rights. J.A. was denied her statutory right to counsel during the course of the CHINS proceedings below and those proceedings flowed directly into an action to terminate her parental rights and (in a separate action) adopt out her child.

Howard Justice v. American Family Insurance Company
49S02-1303-PL-221
Civil plenary. Reverses grant of summary judgment to American Family and remands for further proceedings. Concludes Justice is entitled to recover the remaining $25,000 from American Family under the terms of his underinsured motorist policy limit because the set-off using workers’ compensation benefits in his case would reduce the policy below the statutory minimum. Chief Justice Dickson concurs in part.

Friday’s opinions
Indiana Court of Appeals

State Board of Funeral and Cemetery Service v. Settlers Life Insurance Company
49A05-1307-PL-365
Civil plenary. Affirms grant of Settlers’ motion for summary judgment in which the court deemed that Settlers’ insurance product did not fall within the statutory confines of the Pre-Need Act. Settlers sells an at-need product that fulfills different needs than a pre-need product, so the trial court correctly granted summary judgment in its favor when it determined that at-need contracts and services do not fall within the scope of the Pre-Need Act.

In the Matter of the Termination of the Parent-Child Relationship of: K.D., S.D., and I.D., Minor Children, and D.D., Father v. The Indiana Department of Child Services (NFP)
53A01-1307-JT-315
Juvenile. Affirms termination of parental rights.

Cleveland Munoz v. State of Indiana (NFP)
49A02-1307-CR-567
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Jason Roudebush v. State of Indiana (NFP)
80A04-1301-PC-46
Post conviction. Affirms denial of petition for post-conviction relief.

Beverly K. Oswald v. CNB National Lending, LLC, Bryce A. Bly, Eric Swedenburg and Andrea Swedenburg (NFP)
82A01-1305-CC-223
Civil collection. Affirms order in favor of CNB, Bly and the Swedenburgs that concluded they did not breach the settlement and release agreement. Affirms separate award of attorney fees.

David Lee Robinson v. State of Indiana (NFP)
45A05-1308-CR-401
Criminal. Affirms sentence following guilty plea to Class C felony failure to register as a sex offender.

C.B. v. G.N. (NFP)
18A02-1308-JP-677
Juvenile. Affirms order requiring M.D.B. to assume the surname of his father G.N.

Mary Sparks v. Harborside Nursing Home (NFP)
93A02-1307-EX-616
Agency action. Affirms denial of claim for workers’ compensation benefits.

The Indiana Supreme Court and Tax Court posted no opinions Friday by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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