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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. 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!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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