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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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