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Opinions May 8, 2013

May 8, 2013
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7th Circuit Court of Appeals
Terri Basden v. Professional Transportation Inc.
11-2880
U.S. District Court, Southern District of Indiana, Evansville Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Professional Transportation on Basden’s claim she was terminated in violation of the Americans with Disabilities Act or the Family and Medical Leave Act. Basden failed to present evidence sufficient to establish a prima facie right to the protection of the ADA or FMLA.

United States of America v. Tyrone Reynolds
12-1206
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms a four-level leadership adjustment in the sentencing guidelines calculations for Reynold’s role in a kidnapping because sufficient evidence supports the adjustment. Holds the “ransom demand” provision requires, at a minimum, that the ransom demand be “made” to a third party. Reverses six-level increase for the ransom demand. Because nothing in the record suggests such a demand was made, the judges vacate Reynold’s life sentence and remands for resentencing.

Indiana Court of Appeals
Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Delta, Beta Psi Chapter of Delta Tau Delta, Wabash Col., et al
54A01-1204-CT-169
Civil tort. Holds that the trial court abused its discretion by admitting certain paragraphs of Delta Tau Delta’s executive vice president James Russell’s affidavit and by admitting two unsworn, unverified and uncertified statements. Finds that the trial court erred in granting Delta Tau Delta’s motion for summary judgment as there is a genuine issue of material fact that an agency relationship existed between the national fraternity and its local chapter, and the national fraternity assumed a duty to protect its freshmen pledges. Remands for further proceedings. Judge Baker concurs in parts and dissents in part.

Michael E. Lyons, Denita L. Lyons, individually and as Co-Personal Representatives of the Estate of Megan Renee Lyons, Deceased v. Richmond Community School Corp. d/b/a Richmond High School; Joe Spicer; et al.
89A04-1204-PL-159
Civil plenary. Holds summary judgment for the school was inappropriate on the Lyonses’ claims under the Indiana Tort Claims Act because when their cause of action accrued remains a question of fact, as does the issue of contributory negligence. Affirms there are no genuine issues of material fact on the couple’s claims of fraudulent concealment and on their Section 1983 claims. Affirms grant of motion to quash the Lyonses’ third-party discovery requests against RCSC’s insurer. Chief Judge Robb concurs in part and dissents in part.

Robert Graber, Jr. and Barbara Graber v. Allen County, Indiana Building Department (NFP)

02A05-1209-MI-485
Miscellaneous. Reverses grant of the building department’s motion to dismiss a verified complaint and remands for further proceedings.

In the Matter of the Term. of the Parent-Child Rel. of: E.M. & El.M. and E.M. v. The Indiana Dept. of Child Services (NFP)
45A03-1208-JT-370
Juvenile. Reverses termination of parental rights.

John A. Schmidt v. Karen Elaine Schmidt Denton (NFP)
34A02-1207-DR-579
Domestic relation. Reverses the trial court to the extent that it failed to make father’s child support modification retroactive to the filing of the petition and concluded that father would be responsible for 17 weeks of child support. Remands with instructions to credit a total of $2,814 against father’s college expense obligation. In all other respects, we affirm the trial court.

Robert Bowen v. State of Indiana (NFP)
08A04-1206-CR-305
Criminal. Affirms convictions of Class D felony possession of a controlled substance and Class A misdemeanor possession of paraphernalia.

Michael Edward Groves v. State of Indiana (NFP)

82A01-1208-CR-386
Criminal. Affirms convictions of two counts of Class A felony dealing in methamphetamine and aggregate sentence of 20 years.

Ashley N. Lawrence v. State of Indiana (NFP)
92A04-1211-CR-597
Criminal. Reverses revocation of probation and sentence imposed. Remands for further proceedings.

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

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  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

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