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Opinions June 23, 2014

7th Circuit Court of Appeals
United States of America v. Walbert Keith Farmer
13-3373
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Criminal. Vacates conditions of supervised release that required Farmer to submit to certain searches at the request of his probation officer, even without a warrant or reasonable suspicion, and a ban on self-employment. These special conditions do not bear a reasonably direct relationship to Farmer’s underlying crimes of attempted extortion. Remands for further proceedings.
 

Judges vacate 2 conditions of supervised release

Because two special conditions imposed on a man convicted of attempted extortion do not bear a reasonably direct relationship to his underlying crimes, the 7th Circuit Court of Appeals vacated those conditions.

COA: No material discrepancy between deposition, testimony

The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a lawsuit alleging medical malpractice, finding the trial court should not have stricken the affidavit of the plaintiffs’ expert witness.

In mad dash by state lawmakers, errors can happen

When Indiana's legislative leaders called the General Assembly back for one day last week, it was because they had discovered a handful of mistakes made earlier this year that just couldn't wait until the next session to be fixed.

Justices limit existing EPA global warming rules

The Supreme Court of the United States on Monday placed limits on the sole Obama administration program already in place to deal with power plant and factory emissions of gases blamed for global warming.

Opinions June 20, 2014 ILD

Indiana Court of Appeals
George Odongo v. State of Indiana (NFP)
79A04-1308-PC-377
Post conviction. Affirms denial of petition for post-conviction relief.

Patrick McDonald v. State of Indiana (NFP)
02A05-1311-CR-557
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness with use of a vehicle.

German Espichan v. State of Indiana (NFP)
49A05-1310-CR-515
Criminal. Affirms conviction of Class B misdemeanor battery.

Jenni Hill v. State of Indiana (NFP)
29A02-1311-MI-942
Miscellaneous. Affirms determination of the Bureau of Motor Vehicles that Hill is a habitual traffic violator.

John F. VanDeVanter, Jr. v. State of Indiana (NFP)
59A01-1311-CR-484
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class A misdemeanors possession of marijuana and resisting law enforcement.  

Jane Shamley v. Gordon Shamley (NFP)
29A05-1401-DR-17
Domestic relation. Affirms order awarding Jane Shamely a 55 percent division of the marital assets.

Denon Taylor v. State of Indiana (NFP)
49A04-1305-PC-265
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph B. Fowler v. Kathleen L. Fowler (NFP)
42A05-1402-DR-54
Domestic relation. Reverses denial of Joseph Fowler’s motion to correct error, which challenged an order for college expenses and child support arrearage.

Charles Coleman v. State of Indiana (NFP)
32A04-1310-CR-507
Criminal. Affirms revocation of probation and order Coleman serve 400 days of his previously suspended sentence in the Department of Correction.

OneWest Bank, FSB v. Jason Jarvis, Natalie Jarvis, Mortgage Electronic Systems, Inc., as Nominees for American Mortgage Network, Inc., GE Money Bank, et. al. (NFP)
45A05-1312-MF-615
Mortgage foreclosure. Reverses sanction imposed by the trial court upon finding OneWest in contempt and remands with instructions to remove that language from the September 2013 order.

Harry White, II v. State of Indiana (NFP)
02A03-1312-CR-498
Criminal. Affirms convictions and sentence for attempted murder, Class C felony intimidation, Class D felony strangulation, Class D felony auto theft and Class A misdemeanor interference with the reporting of a crime.

The Indiana Tax Court posted no opinions by IL deadline.

 

Opinions June 20, 2014

7th Circuit Court of Appeals
James Nichols v. Michigan City Plant Planning Department, Michigan City Area Schools
13-2893
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms summary judgment for Michigan City schools on Nichols’ allegations of Title VII violations. He did not provide sufficient evidence that demonstrates that the harassment he allegedly suffered while working as a temporary janitor was severe or pervasive. He also failed to provide sufficient evidence that his alleged harasser was a proximate cause of his firing because affidavits from his supervisors show that he would have been let go even if there was no feud between Nichols and the harasser.

Justices affirm convictions after toddler found wandering by police

The Indiana Supreme Court affirmed the admittance of drugs and other evidence obtained by police after searching an apartment following a report of an unattended child. The justices found both parents gave their consent for police to make sure the apartment was fit before returning the child to their care.

Pawn shop owner loses case based on ‘class-of-one’ theory

An Evansville pawn shop owner couldn’t convince the 7th Circuit Court of Appeals that the state singled him out for disparate treatment without a rational basis when it initially denied his application for a pawnbroking license.

COA: Debt collector not entitled to attorney fees under agreement

A company assigned to collect on a woman’s medical debt cannot also collect attorney fees, the Indiana Court of Appeals ruled Friday. The agreement the woman signed with a medical provider that allows for the collection of attorney fees did not apply to the physician group which assigned her debt to the collections company.

Janitor loses pro se complaint alleging discrimination

The 7th Circuit Court of Appeals noted that it was a “close call” whether a man worked in a hostile work environment as a school temporary janitor, but judges found that he could not meet his legal burden to prove that he suffered severe or pervasive harassment based on his race.

Judge removes herself from county treasurer cases

The judge overseeing the case of a central Indiana treasurer charged with mishandling public money and a lawsuit aimed at removing him from office has disqualified herself from both cases.

State appeals ruling recognizing single same-sex marriage

Indiana Attorney General Greg Zoeller has asked the 7th Circuit Court of Appeals to reverse an Indianapolis federal judge’s ruling requiring the state to recognize the same-sex marriage of two women, one of whom is gravely ill.

Opinions June 19, 2014 ILD

Indiana Court of Appeals
State of Indiana v. Randall Scott Stiverson (NFP)
76A03-1311-CR-421
Criminal. Reverses grant of Stiverson’s motion to dismiss charges of Class D felony operating a vehicle while intoxicated causing serious bodily injury and Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person. Remands for further proceedings.

Raven N. Young v. State of Indiana (NFP)
62A01-1401-CR-29
Criminal. Affirms revocation of placement in community corrections day reporting program and order Young serve her suspended sentence in the Department of Correction.

Clifford J. Elswick v. State of Indiana (NFP)
20A05-1311-CR-553
Criminal. Affirms denial of motion to correct erroneous sentence.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Opinions June 19, 2014

7th Circuit Court of Appeals
Devon Groves v. United States of America
12-3253
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Groves’ Section 2255 motion to vacate, set aside or correct his sentence of 240 months in prison for one count each of possession of a firearm by a felon and possession of ammunition by a felon. Finds Groves was provided with effective assistance of counsel.