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Opinions Nov. 26, 2013

November 26, 2013
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The following 7th Circuit Court of Appeals decision was handed down after IL deadline Tuesday:
Wanda Goodpaster, et al. v. City of Indianapolis, et al.
13-1629
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young.
Civil. Affirms District Court’s denial of the bar owners’ request for injunctive and declaratory relief against the enforcement of the smoking ban in Indianapolis. They cannot succeed on the merits of any of their myriad claims. The injunction the bar owners sought was thus unwarranted.

Tuesday’s opinions
Indiana Court of Appeals

Kelley L. Kelly v. Tiffany L. Kravec
02A05-1304-DR-158
Domestic relation. Affirms denial of Kelly’s motion to correct error following the entry of the post-dissolution order awarding $5,000 in attorney fees to Kelly’s ex-wife in a proceeding involving parenting time. The attorney fee issue was not barred by res judicata and the trial court did not abuse its discretion by ordering him to pay a portion of his ex-wife’s attorney fees.

Barbara J. Pohl v. Michael G. Pohl
32A04-1304-DR-163
Domestic relation. Affirms order denying Barbara Pohl’s petition to terminate post-dissolution spousal maintenance. Concludes that, in considering the evidence, the trial court could have refused to modify the agreement under a standard requiring a showing of fraud, duress, or mistake or a standard requiring a substantial and continuing change of circumstances.

International Business Machines Corporation v. ACS Human Services, LLC

49A02-1301-PL-49
Civil plenary. Affirms order that IBM pay more than $700,000 in costs related to discovery and production of documents incurred by ACS Human Services LLC, a nonparty to the lawsuits IBM and the State of Indiana filed against each other. Affirms sanctions of more than $425,000 against ACS in favor of IBM. The trial court did not abuse its discretion when it awarded ACS some, but not all, of the damages it requested as a result of its participation in discovery as a nonparty under Trial Rule 34. Nor did the trial court abuse its discretion when it awarded IBM some, but not all, of the attorney fees and other damages it incurred as a result of ACS’ failure to comply with the trial court’s discovery orders.

Sally Thompson, Widow of Dennis Thompson v. York Chrysler
93A02-1302-EX-153
Agency action. Reverses determination by the Indiana Worker’s Compensation Board that Dennis Thompson did not prove his injury was compensable. The board’s findings did not support its conclusion that his injuries did not arise out of or occur in the course of his employment. Sally Thompson demonstrated Dennis Thompson was entitled to benefits. Remands for determination of the benefits she should receive on his behalf.

Evan Leedy v. State of Indiana
49A04-1303-CR-102
Criminal. Affirms finding Leedy is incompetent to stand trial for four counts of operating while intoxicated stemming from an automobile accident that killed his girlfriend and seriously injured another motorist and the commitment to the Division of Mental Health and Addiction. The trial court followed statutory procedure and that statute does not run afoul of Leedy’s due process rights.

Keith Walker v. State of Indiana (NFP)
49A04-1301-PC-49
Post conviction. Affirms denial of petition for post-conviction relief.

Brian D. Hodges v. State of Indiana (NFP)
49A05-1302-CR-71
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Georgia Amerson, et al., v. Review Board of the Department of Workforce Development and Durham D&M, LLC. (NFP)
93A02-1301-EX-67
Agency action. Affirms decision that employee bus drivers and monitors of various school systems were not eligible for unemployment compensation because they were on unpaid vacation without remuneration because of their employer’s regular vacation policy and practice pursuant to I.C. 22-4-3-5.

Deandre Watson v. State of Indiana (NFP)
46A03-1304-CR-136
Criminal. Affirms revocation of probation.

David Jessup and Diane Jessup v. Chicago Franchise Systems, Inc. and Jag's Dough Decor d/b/a Nancy's Pizza (NFP)
29A02-1302-PL-160
Civil plenary. Affirms in part, reverses in part and remands. The trial court properly declined to modify the arbitration award, and Chicago Franchise Systems cannot be characterized as a “prevailing party” for purposes of recovery of attorney fees. However, the trial court’s order should have included the additional amount the arbitrator awarded the Jessups “over and above the net award.”

Brandon A. Scott v. State of Indiana (NFP)
82A04-1303-CR-128
Criminal. Affirms conviction of Class C felony possession of cocaine.

Kenneth Galvin v. State of Indiana (NFP)
46A03-1305-CR-174
Criminal. Affirms revocation of probation and order Galvin serve his entire previously suspended sentence in the DOC with credit for time served.

Arturo Torres v. State of Indiana (NFP)
20A03-1301-PC-17
Post conviction. Affirms denial of petition for post-conviction relief.

In Re the Marriage of Scott Roll and Carol Roll, Carol Roll v. Scott Roll (NFP)
27A02-1303-DR-247
Domestic relation. Affirms in part, reverses in part and remands. The trial court considered husband’s VA disability benefits, and did not abuse its discretion when it included wife’s health savings account as marital property. However, the trial court did err when it did not attach specific values to the assets and debts awarded to each party in its unequal distribution.

James Handy v. State of Indiana (NFP)
49A04-1303-CR-132
Criminal. Affirms conviction of Class A felony child molesting and remands for correction to the abstract of judgment.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. 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.."

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