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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as defined by state law and therefore community officials have the ability to reasonably regulate how that water is withdrawn and used by other local governments.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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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