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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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