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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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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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