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Opinions Sept. 5, 2012

September 5, 2012
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Victor George v. Junior Achievement of Central Indiana Inc.
11-3291
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Vacates grant of Junior Achievement’s motion for summary judgment on the Employment Retirement Income Security Act claim and dismissal of George’s state-law claims without prejudice. The District Court must decide whether there is some other ground on which the case may be resolved short of trial or whether a trial on causation is necessary.  

Wednesday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Cody B. Honeycutt v. State of Indiana
92A04-1203-CR-149
Criminal. Reverses denial of motion to dismiss charges on grounds that they were barred by the Successive Prosecution Statute. Because the four charges were supported by probable cause and based on a series of acts so connected that they constituted parts of a single scheme or plan, they should have been charged in a single prosecution.

Napoleon Gracia, Sr. v. State of Indiana
34A04-1112-CR-667
Criminal. Affirms convictions of Class C felony disarming of a law enforcement officer, Class A misdemeanor battery, and Class A misdemeanor resisting law enforcement. While the filing of charges in Howard Superior Court I was an error, Gracia did not object to the filing and was unable to show fundamental error. He is also not entitled to the jury instruction on excessive use of force by police and his sentence is appropriate.

William LaShun Caples v. State of Indiana (NFP)
45A04-1202-CR-69
Criminal. Affirms denial of Caples’ motion to set aside jury verdict convicting him of three counts of Class A felony child molesting.

Charles Blakemore v. State of Indiana (NFP)
49A02-1201-CR-77
Criminal. Affirms denial of motion to correct erroneous sentence.

Najee S. Blackman v. State of Indiana (NFP)
34A02-1203-CR-335
Criminal. Affirms denial of motion to correct erroneous sentence.

Estate of Lewis G. Mark, Deceased, and Evelyn J. Mark v. 1st Source Bank (NFP)
71A03-1203-MF-143
Mortgage foreclosure. Affirms summary judgment for 1st Source as to its foreclosure complaint.

In the Matter of Term. of the Parent-Child Rel. of: D.H., C.H., & A.H.; and D.M. v. The Indiana Dept. of Child Services (NFP)
54A05-1202-JT-56
Juvenile termination of rights. Affirms involuntary termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of: Z.B., G.B., K.B., & S.B.; and T.S. v. Indiana Dept. of Child Services (NFP)
64A03-1201-JT-31
Juvenile termination of rights. Affirms termination of parental rights.
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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