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Opinions May 8, 2013

May 8, 2013
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7th Circuit Court of Appeals
Terri Basden v. Professional Transportation Inc.
11-2880
U.S. District Court, Southern District of Indiana, Evansville Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Professional Transportation on Basden’s claim she was terminated in violation of the Americans with Disabilities Act or the Family and Medical Leave Act. Basden failed to present evidence sufficient to establish a prima facie right to the protection of the ADA or FMLA.

United States of America v. Tyrone Reynolds
12-1206
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms a four-level leadership adjustment in the sentencing guidelines calculations for Reynold’s role in a kidnapping because sufficient evidence supports the adjustment. Holds the “ransom demand” provision requires, at a minimum, that the ransom demand be “made” to a third party. Reverses six-level increase for the ransom demand. Because nothing in the record suggests such a demand was made, the judges vacate Reynold’s life sentence and remands for resentencing.

Indiana Court of Appeals
Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Delta, Beta Psi Chapter of Delta Tau Delta, Wabash Col., et al
54A01-1204-CT-169
Civil tort. Holds that the trial court abused its discretion by admitting certain paragraphs of Delta Tau Delta’s executive vice president James Russell’s affidavit and by admitting two unsworn, unverified and uncertified statements. Finds that the trial court erred in granting Delta Tau Delta’s motion for summary judgment as there is a genuine issue of material fact that an agency relationship existed between the national fraternity and its local chapter, and the national fraternity assumed a duty to protect its freshmen pledges. Remands for further proceedings. Judge Baker concurs in parts and dissents in part.

Michael E. Lyons, Denita L. Lyons, individually and as Co-Personal Representatives of the Estate of Megan Renee Lyons, Deceased v. Richmond Community School Corp. d/b/a Richmond High School; Joe Spicer; et al.
89A04-1204-PL-159
Civil plenary. Holds summary judgment for the school was inappropriate on the Lyonses’ claims under the Indiana Tort Claims Act because when their cause of action accrued remains a question of fact, as does the issue of contributory negligence. Affirms there are no genuine issues of material fact on the couple’s claims of fraudulent concealment and on their Section 1983 claims. Affirms grant of motion to quash the Lyonses’ third-party discovery requests against RCSC’s insurer. Chief Judge Robb concurs in part and dissents in part.

Robert Graber, Jr. and Barbara Graber v. Allen County, Indiana Building Department (NFP)

02A05-1209-MI-485
Miscellaneous. Reverses grant of the building department’s motion to dismiss a verified complaint and remands for further proceedings.

In the Matter of the Term. of the Parent-Child Rel. of: E.M. & El.M. and E.M. v. The Indiana Dept. of Child Services (NFP)
45A03-1208-JT-370
Juvenile. Reverses termination of parental rights.

John A. Schmidt v. Karen Elaine Schmidt Denton (NFP)
34A02-1207-DR-579
Domestic relation. Reverses the trial court to the extent that it failed to make father’s child support modification retroactive to the filing of the petition and concluded that father would be responsible for 17 weeks of child support. Remands with instructions to credit a total of $2,814 against father’s college expense obligation. In all other respects, we affirm the trial court.

Robert Bowen v. State of Indiana (NFP)
08A04-1206-CR-305
Criminal. Affirms convictions of Class D felony possession of a controlled substance and Class A misdemeanor possession of paraphernalia.

Michael Edward Groves v. State of Indiana (NFP)

82A01-1208-CR-386
Criminal. Affirms convictions of two counts of Class A felony dealing in methamphetamine and aggregate sentence of 20 years.

Ashley N. Lawrence v. State of Indiana (NFP)
92A04-1211-CR-597
Criminal. Reverses revocation of probation and sentence imposed. Remands for further proceedings.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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