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Opinions April 25, 2012

April 25, 2013
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7th Circuit Court of Appeals
Emilio Martino v. Western & Southern Financial Group
12-1855
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Western & Southern Financial Group on Martino’s lawsuit for religious discrimination and defamation. Martino’s evidence neither calls into doubt W&S’s explanation for his discharge – that he did not provide documents verifying his eligibility for employment in the U.S. – nor establishes a prima facie case of defamation.

Indiana Court of Appeals
Martin Meehan v. State of Indiana
71A04-1209-CR-453
Criminal. Reverses Class C felony burglary conviction and resulting habitual offender enhancement because there is no evidence that would support an inference that Meehan’s DNA was found on a glove because he handled it during the burglary, as opposed to some other time.

James Edwin Goris v. State of Indiana (NFP)

87A01-1209-CR-442
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle with an alcohol concentration equivalence between 0.08 and 0.15, and Class C infraction failure to obey a stop sign at a through highway.

Walter Fisk v. State of Indiana (NFP)
49A02-1208-CR-646
Criminal. Affirms convictions of Class A misdemeanor battery and Class B misdemeanor unauthorized entry of a motorized vehicle.

Antonio A. Burgos, Sr. v. State of Indiana (NFP)
02A04-1209-CR-461
Criminal. Affirms conviction of Class D felony possession of marijuana.

Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1209-PC-736
Post conviction. Affirms denial of petition for post-conviction relief.

Jessica and Gerson Urbina v. Tina Klinkose-Kyler, Laronda Southworth and A Bond of Life Adoptions, LLC (NFP)

06A01-1210-CT-464
Civil tort. Reverses dismissal of the Urbinas’ lawsuit against ABLA for damages in a failed adoption process. Remands for reinstatement of the complaint.

Richard J. Bond v. Knox County Drainage Board and Dick Vermillion, As Knox County Surveyor (NFP)
42A01-1209-PL-422
Civil plenary. Affirms dismissal of Bond’s petition for judicial review for failure to state a claim.

Brenda Varo v. State of Indiana (NFP)
49A05-1203-CR-144
Criminal. Grants rehearing to address an issue raised in Varo’s appeal on a jury instruction on criminal gang activity, but that the error, if any, was waived. Reaffirms original decision.

E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Grants state’s petition for rehearing, vacates the portion of opinion denying a hearing on restitution and remands for a new hearing on restitution.

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

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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