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Opinions Sept. 11, 2013

September 11, 2013
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7th Circuit Court of Appeals
David Hughes v. Kore of Indiana Enterprise Inc., et al.
13-8018
Civil. Reverses decertification of a class action, finding the U.S. District Court for the Southern District of Indiana, Indianapolis Division, did not provide adequate grounds for the ruling, and remands for further proceedings.

Indiana Court of Appeals
Kari Everhart v. Founders Insurance Company
84A01-1303-PL-128
Civil Plenary. Affirms the trial court’s grant of summary judgment in favor of Founders and its denial of Everhart’s motion to correct error. Rules Everhart’s description of the bar fight that left her with a broken arm fit the state’s definition of battery. Since Founders’ policy included an exception for injuries resulting from assault and/or battery, the court found the insurance company could deny coverage.

Donovan Johnson and Aileen Johnson v. Poindexter Transport, Inc., and Crane Service
49A02-1212-CT-1027
Civil tort. Affirms trial court’s order to grant Poindexter’s motion to dismiss. Finds several factors identified the Poindexter’s crane operator as a borrowed employee of the general contractor, R.L. Turner. This makes Johnson and the crane operator co-employees and limits Johnson to seeking remedy only under the Worker’s Compensation Act.

Jane Kleaving v. State of Indiana (NFP)
74A04-1209-CR-472
Criminal. Affirms conviction for conspiracy to commit murder as a Class A felony.

Ronald D. Hayes v. State of Indiana (NFP)
54A01-1302-CR-77
Criminal. Affirms revocation of probation and order for Hayes to serve his previously suspended two-year sentence in the Indiana Department of Correction.

Yohau Flame v. State of Indiana (NFP)
49A02-1302-CR-121
Criminal. Affirms conviction after a jury trial of rape and criminal deviate conduct, each as a Class A felony, two counts of criminal confinement and one count of attempted robbery, each as a Class B felony, and one count of auto theft, as a Class D felony.

Dewayne Perry v. State of Indiana (NFP)
49A02-1302-CR-162
Criminal. Affirms conviction for felony murder. Reverses and remands with instructions that the trial court vacate Perry’s conviction of and one-day sentence for Class A felony robbery. Perry argued the trial court violated the prohibition against double jeopardy by entering convictions for both robbery and felony murder with robbery as the underlying felony. The state did not oppose Perry’s claim, conceding that there is a reasonable possibility that the evidentiary facts were used to establish the essential elements for the robbery charge and the underlying felony for the felony murder charge.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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