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Opinions July 22, 2014

July 22, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:

Connie J. Orton-Bell v. State of Indiana
13-1235
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses summary judgment for the state on Orton-Bell’s lawsuit alleging sex discriminating and hostile work environment claims after she was fired for having an affair with the major in charge of custody at the prison where they worked. There is evidence that she was similarly situated to the major, who was allowed to resign, keep his benefits, and return to work at the DOC through a contractor. Affirms judgment for the state on her retaliation claims.


Tuesday’s opinions
Indiana Supreme Court
Kenyatta Erkins v. State of Indiana
58S01-1309-CR-586
Criminal. Affirms conviction of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Presents first impression issue of whether the state must establish the existence of serious bodily injury for Erkins’ conviction to stand. Because conspiracy is a crime consisting of intent to commit an underlying crime, an agreement between or among conspirators to commit the underlying crime, and an overt act by one of the conspirators in furtherance of the agreement, the state needed only to prove these elements beyond a reasonable doubt to support his conviction. Justice Rucker concurs in part and dissents in part to which Chief Justice Dickson joins.

Indiana Court of Appeals
Mark Rolley v. Melissa Rolley
87A01-1307-DR-330
Domestic relation. Affirms grant of Melissa Rolley’s petition to modify child support from $350 per week to $1,419 per week. Finds the trial court did not err in based on the appeals court’s analysis of the plain language of the child support modification statute, its recognition that the law governing child support agreements differs from that governing other contractual agreements, and its recognition that the ultimate concern is the child’s well-being.

City of Gary v. Review Board of the Indiana Department of Workforce Development and Guadalupe T. Franco
93A02-1312-EX-1016
Agency appeal. Affirms decision that Franco had been discharged but not for just cause and is entitled to unemployment benefits. The paperwork documenting the chain of custody of a urine sample of Franco was not completed properly, and the city could have produced more information to prove Franco’s sample did arrive at the facility intact.

Steven R. Perry v. State of Indiana
39A01-1312-CR-517
Criminal. Affirms denial of Perry’s motion for credit time for time spent on electronic monitoring as a drug court program participant. A participant in drug court is not awaiting trial or awaiting sentencing under I.C. 35-50-6-3, and the statutes governing electronic monitoring as a condition of probation are inapplicable to a person who voluntarily participates in a drug court program.

James K. Melton, Perdue Foods, LLC f/k/a Perdue Farms Incorporated and FPP Business Services, Inc., et al. v. Chad Stephens, Guardian of the Person and Estate of Stacy S. Stephens and Chad Stephens
14A01-1308-CT-356
Civil tort. Affirms findings of fact and conclusions thereon determining that the substantive laws of the state of Illinois apply to a motor vehicle collision which occurred in that state between residents of Indiana. The place of the tort is significant to the action.

Tender Loving Care Management, Inc., d/b/a TLC Management LLC, et al. v. Randall Sherls, as Personal Representative of the Estate of Birdie Sherls, Deceased
45A05-1311-CT-562
Civil tort. Reverses trial court finding that an arbitration agreement was unenforceable because of ambiguity because the extrinsic evidence resolves the ambiguity surrounding the identity of the parties to the agreement. Concludes Birdie Sherls’ son had the authority to enter the agreement and therefore had the authority to waive her right to a jury trial. Remands for further proceedings.

Robert L. Dixon v. State of Indiana
84A01-1307-CR-339
Criminal. Reverses denial of motion to suppress certain evidence which was discovered through a pat-down search following a traffic infraction. The trial court abused its discretion when it denied Dixon’s motion to suppress evidence located in violation of Dixon’s Fourth Amendment rights. Judge Bradford dissents.

Scott Greenier v. State of Indiana (NFP)
49A04-1312-CR-602
Criminal. Affirms conviction of Class B misdemeanor battery.

Jacob A. Phillips v. State of Indiana (NFP)
65A01-1312-CR-529
Criminal. Affirms sentence for three counts of Class B felony sexual misconduct with a minor.

In the Matter of the Termination of the Parent-Child Relationship of K.T., Minor Child, and K.S., Mother, K.S. v. Indiana Department of Child Services (NFP)
49A05-1312-JT-580
Juvenile. Affirms termination of parental rights.

The Indiana Tax Court posted no opinions by IL deadline.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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