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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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