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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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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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