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Opinions June 9, 2014

June 9, 2014
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The following opinions were posted after IL deadline June 6:
7th Circuit Court of Appeals

Matthew Whitfield v. International Truck and Engine Corp.
13-1876
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms in part and reverses in part ruling in favor of International Truck and Engine Corp. on Whitfield’s action alleging discrimination in failure to hire and violations of the Civil Rights Act. The District Court ignored some evidence or made conclusions not supported by the evidence. Remands for further proceedings.

Indiana Tax Court
Housing Partnerships, Inc. v. Tom Owens, Bartholomew County Assessor
49T10-1005-TA-23
Tax. Affirms Indiana Board of Tax Review’s holding that for the 2006 tax year, Housing Partnerships Inc. failed to show that its rental properties qualified for the charitable purposes exemption provided in I.C. 6-1.1-10-16. Housing Partnerships has not demonstrated that the final determination is arbitrary, capricious, an abuse of discretion or contrary to the law.

June 9
Indiana Court of Appeals

Michael Dustin Moore v. State of Indiana (NFP)
47A01-1308-CR-350
Criminal. Affirms conviction of Class B felony dealing in a Schedule I controlled substance.

Jarod G. Allred v. State of Indiana (NFP)
65A01-1309-CR-393
Criminal. Reverses two convictions of Class B felony dealing in a Schedule III controlled substance. Judge Bailey dissents.

Nathaniel Baston v. State of Indiana (NFP)
85A05-1311-CR-559
Criminal. Affirms revocation of probation.

In the Matter of the Adoption of H.S. and D.S., R.S. v. V.C. and M.C. and D.S. and S.S. (NFP)
85A02-1311-AD-996
Adoption. Affirms order granting petitions to adopt H.S. and D.S.

In the Matter of Commitment of E.L., E.L. v. Indiana University Health-Bloomington Hospital and Terri Klingelhoefer, MA, LSW (NFP)
53A05-1311-MH-571
Mental health. Dismisses appeal of temporary involuntary commitment since the commitment ended Jan. 13.

Bageera Taylor, Jr. v. State of Indiana (NFP)
76A04-1307-CR-328
Criminal. Reverses sentence for Class D felonies strangulation and residential entry and remands for further proceedings. Judge Robb dissents.

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions Monday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Monday before IL deadline.

 

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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  3. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  4. I agree. My husband has almost the exact same situation. Age states and all.

  5. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

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