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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as defined by state law and therefore community officials have the ability to reasonably regulate how that water is withdrawn and used by other local governments.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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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