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Opinions Sept. 10, 2010

September 10, 2010
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7th Circuit Court of Appeals
Joseph Finch, David E. Hensley, and Peter W. Mungovan v. Bart Peterson, individually and in his official capacity, et al.
09-2676
U.S. District Court, Southern District of Indiana, Indianapolis Division, Magistrate Judge Debra McVicker Lynch.
Civil. Affirms denial of the city officials’ motion for judgment on the pleadings in a suit filed by three white officers alleging discrimination in promotions. The 1978 consent decree between the Indianapolis Police Department and the U.S. Department of Justice does not operate to confer qualified immunity on city officials who were involved in making the challenged promotions. Nothing in the decree required them to take race into consideration when making promotions.

Indiana Supreme Court
Lyn Leone, et al. v. Commissioner, BMV
49S02-0910-CV-505
Civil. Affirms denial of preliminary injunction sought by the plaintiffs to prevent the BMV from revoking driver’s licenses when the names from BMV and Social Security Administration records do not match. The class hasn’t shown a likelihood of success. Dissolves the preliminary injunction entered by the Indiana Court of Appeals as a stay pending appeal.
 
Indiana Court of Appeals
Charles Adam Trotter v. State of Indiana
29A02-0910-CR-974
Criminal. Reverses denial of motion to suppress and the grant of the state’s motion to clarify. The trial court ruled that although the warrantless entry into the residence was unconstitutional, the suppression of the evidence wasn’t necessary based upon the doctrine of attenuation. The warrantless entry violated both federal and state constitutions. The proper remedy for the constitutional violation is the suppression of evidence. Remands for further proceedings.  

Crown Coin Meter Company, et al. v. Park P, LLC  
34A02-1002-PL-185
Civil plenary. Reverses summary judgment in favor of Park P in its complaint to quiet title and seeking a declaratory judgment that the lease between Crown Coin and the prior owner of the apartment building is void as to Park P. There is a genuine issue of material fact as to whether Park P had actual implied notice of Crown Coin’s outstanding rights at the time Park P purchased the property and whether Park P was a bona fide purchaser. Remands for further proceedings.

Eclipse Consulting, Inc. v. Community Bank (NFP)
29A05-0912-CV-696
Civil. Affirms grant of partial summary judgment in favor of Community Bank in Eclipse’s suit alleging breach of contract, fraud, conversion and bad faith. Remands for proceedings.

David L. Howard v. State of Indiana (NFP)
46A03-0907-CR-299
Criminal. Affirms conviction of and 65-year sentence with five years suspended to probation for murder.

Jeanette Haggard v. Brent Boyd (NFP)
32A04-1001-DR-33
Domestic relation. Affirms granting the dependent tax exemption to Boyd. Reverses calculation of the amount of child support Boyd has overpaid since he filed his petition to modify and remands with instructions to amend its order on father’s petition to modify custody and support accordingly.

D.L.S. v. J.S. (NFP)
85A02-0910-CV-985
Civil. Affirms order granting physical custody of D.S.’s children to mother J.S.

Edna Taylor Living Trust v. Kokomo/Howard County Plan Comm. (NFP)
80A05-1004-PL-289
Civil plenary. Affirms summary judgment in favor of the commission on the Taylor Trust’s complaint for mandate.

Chance Ross Carper v. State of Indiana (NFP)
48A05-1002-CR-96
Criminal. Affirms revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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