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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as defined by state law and therefore community officials have the ability to reasonably regulate how that water is withdrawn and used by other local governments.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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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