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Opinions Aug. 9, 2013

August 9, 2013
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7th Circuit Court of Appeals
Paul Hester v. Indiana State Department of Health
12-3207
Civil. Affirms District Court ruling granting summary judgment in favor of the Department of Health. The panel held that there was evidence that Hester was fired for cause, and that Hester failed to produce evidence showing age, race or gender discrimination supporting his claim that his firing violated the Age Discrimination in Employment Act, 29 U.S.C. § 621, or Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e-2000e17.

Indiana Court of Appeals
Thomas W. Oster, II v. State of Indiana
84A05-1208-CR-437
Criminal. Affirms in part, reverses in part and remands a man’s conviction and aggregate 18-year sentence on charges of Class C felony burglary, Class A misdemeanor criminal mischief and an enhancement as a habitual offender. The majority found sufficient evidence to affirm the burglary conviction and habitual offender finding, but ruled the mischief conviction was double jeopardy, ordering the conviction and sentence vacated. The aggregate sentence will be unchanged because the one-year sentence on the mischief charge is served concurrently with a seven-year sentence on the burglary conviction. Judge Patricia Riley would order the burglary conviction vacated, finding in dissent that the state produced insufficient evidence to support the theft intent element of the charge.

Eddie Spalding v. State of Indiana
49A04-1210-CR-534
Criminal. Affirms denial of Spalding’s motion to dismiss and discharge. Finds although nearly 400 days had passed since Spalding’s arrest, his right to a speedy trial had not been violated. Since Spalding was held during most of that time in federal custody, Indiana did not have exclusive control and therefore Indiana Criminal Rule 4(C) does not apply. The time Spalding spent in foreign jurisdictions does not count in Indiana.  

Tranell Nash v. State of Indiana (NFP)
49A02-1210-PC-874
Post conviction. Affirms denial of Nash’s post-conviction relief petition for his conviction for Class A felony attempted robbery.

In the Matter of S.K., A Child in Need of Services; and A.R. v. The Indiana Dept. of Child Services (NFP)
84A05-1301-JC-7
Juvenile. Affirms trial court’s determination that S.K. is a child in need of services.
 
Andrew Wright, Jr. v. State of Indiana (NFP)
71A03-1212-CR-522
Criminal. Affirms conviction for murder.

Nephrology Specialists, P.C., Shahabul Arfeen, M.D., Sanjeev Rastogi, M.D., Maher Ajam, M.D. and Raied Abdullah, M.D. v. Asim Chughtai, M.D., Rafael Fletes, M.D., Kupusamy Umapathy, M.D., et al. (NFP)
45A03-1212-CT-535
Civil tort. Affirms, in this rehearing, its opinion that non-compete provisions continue in certain employment contracts of the departing physicians. Clarifies that the court’s reference to an attorney’s testimony does not indicate the document was inherently unclear.

Eddie Spalding v. State of Indiana
49A04-1210-CR-534
Criminal. Affirms denial of Spalding’s motion to dismiss and discharge. Finds although nearly 400 days had passed since Spalding’s arrest, his right to a speedy trial had not been violated. Since Spalding was held during most of that time in federal custody, Indiana did not have exclusive control and therefore Indiana Criminal Rule 4(C) does not apply. The time Spalding spent in foreign jurisdictions does not count in Indiana.  

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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