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.
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.
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
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
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)
Juvenile. Affirms termination of parental rights.

Cleveland Munoz v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Jason Roudebush v. State of Indiana (NFP)
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)
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)
Criminal. Affirms sentence following guilty plea to Class C felony failure to register as a sex offender.

C.B. v. G.N. (NFP)
Juvenile. Affirms order requiring M.D.B. to assume the surname of his father G.N.

Mary Sparks v. Harborside Nursing Home (NFP)
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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...