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Opinions Nov. 23, 2011

November 23, 2011
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Christopher Pavey v. Patrick Conley
10-3878
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller.
Criminal. Affirms District Court’s dismissal of Pavey’s suit for failure to exhaust administrative remedies for an injury that occurred while incarcerated. Holds that Pavey was aware, based on his prior experience, of proper channels for filing grievances.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Town of Avon v. West Central Conservancy District, Washington Township, and Ronnie Austin, in his capacity as Trustee and Park Governor
32S05-1104-PL-217
Civil plenary. Reverses trial court’s denial of Avon’s motion for summary judgment, holding underground aquifers are “watercourses” as defined by state law and therefore community officials have the ability to reasonably regulate how that water is withdrawn and used by other local governments. Remands for proceedings consistent with opinion.

Today’s opinions:

7th Circuit Court of Appeals
Monica Del Carmen Gonzalez-Servin, et. al. v. Fort Motor Company, et. al.
11-1665
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a consolidated appeal, the court affirmed decisions by District Courts in Indiana and Illinois granting forum non conveniens in multidistrict litigation. In the Indiana case, the court held that Judge Sarah Evans Barker was acting within her discretion in deciding that the courts of Mexico would be better suited to adjudication of a lawsuit by Mexican citizens arising from the death of another Mexican citizen in an accident in Mexico.

Fort Wayne Telsat Inc. v. JAS Partners, LTD.
11-2112
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms District Court’s determination that the trustee had acted reasonably in settling the debtor’s claim against Indiana University for $100,000.

Indiana Court of Appeals
State of Indiana v. James D. Eichorst
71A03-1102-CR-105
Criminal. Reverses trial court’s determination that Eichorst did not meet the criteria for an enhanced sentence under Indiana Code Section 9-30-5-3, holding that the court erred in its interpretation of the statute. Remands for proceedings consistent with opinion.  

State of Indiana v. Kevin Lee Traver
71A04-1102-CR-131
Criminal. Reverses trial court’s determination that Traver did not meet the criteria for an enhanced sentence under Indiana Code Section 9-30-5-3, holding that the court erred in its interpretation of the statute. Remands for proceedings consistent with opinion.  

State of Indiana v. Donald Loren Wilson
71A05-1102-CR-130
Criminal. Reverses trial court’s determination that Wilson did not meet the criteria for an enhanced sentence under Indiana Code Section 9-30-5-3, holding that the court erred in its interpretation of the statute. Remands for proceedings consistent with opinion.  

Commitment of T.S. v. Logansport State Hospital
79A02-1101-MH-86
Mental health. Affirms trial court’s decision denying T.S.’s request to be removed from the Sexual Responsibility Program at Logansport State Hospital, holding that the state presented testimony from experts that T.S. was still in need of treatment offered by the program.

Gordon B. Dempsey and Gordon B. Dempsey, PC v. Todd H. Belanger
49A04-1104-CT-201
Civil tort. Affirms trial court’s denial of Dempsey’s motion to reinstate his complaint against attorney Todd H. Belanger. Holds that appellate attorney fees are warranted and remands for the limited purpose of determining Belanger’s appellate attorney fees.

Ronnie Sanders v. State of Indiana (NFP)
49A05-1105-CR-241
Criminal. Affirms conviction of Class B misdemeanor battery.

L.E. v. Review Board of the Indiana Dept. of Workforce Development and F.W.C.S. (NFP)
93A02-1104-EX-445
Miscellaneous. Remands to Indiana Department of Workforce Development’s Review Board to correct calculation error in reduction of L.E.’s unemployment benefits.

Kay Kim and Charles Chuang v. Village at Eagle Creek Homeowners Association c/o Community Association Services of Indiana; and Chubb Custom Insurance Co. (NFP)
49A02-1106-CT-479
Civil tort. Affirms trial court’s summary judgment in favor of appellee-defendant and affirms trial court’s dismissal of appellants’ complaint against Chubb Custom Insurance.

Bryce D. Pope v. State of Indiana (NFP)
02A05-1103-PC-153
Post conviction. Affirms denial of petition for post-conviction relief.

Taimeka Garnett v. State of Indiana (NFP)
49A04-1104-CR-192
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

David Gardner v. State of Indiana (NFP)
49A04-1104-CR-198
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Christina Francis v. City of Indianapolis (NFP)
49A02-1104-OV-303
Local ordinance. Affirms trial court’s judgment finding Francis in violation of Indianapolis-Marion County Ordinance No. 531-102 for having a dog at large.

Robert and Heather Taylor v. Charles B. Caldwell (NFP)
03A04-1105-CT-254
Civil tort. Affirms trial court’s decision denying damages for Heather Taylor’s alleged permanent injuries.

In the Matter of J.M.R., Child in Need of Services, M.R. v. Indiana Dept. of Child Services (NFP)
02A03-1105-JV-273
Juvenile. Affirms juvenile court’s finding that J.M.R. is a child in need of services.

George Kotsopoulos v. Peters Broadcast Engineering, Inc. (NFP)
02A03-1012-PL-675
Civil plenary. Affirms trial court’s denial of Kotsopoulos’ motion to correct error and judgment in favor of Peters Broadcast Engineering (PBE). Per PBE’s concession that Kotsopoulos is not individually liable, remands to the court to amend judgment by removing his individual liability for the judgment.

The Indiana Tax Court had posted no opinions by IL deadline.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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