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Opinions April 4, 2011

April 4, 2011
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7th Circuit Court of Appeals
United States of America v. Billy L. Hicks
09-3608
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Vacates conviction of knowingly distributing more than 50 grams of crack cocaine. The District Court improperly allowed evidence of Hicks' prior drug convictions in violation of Federal Rule of Evidence 404(b). Remands for a new trial.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Meridian Title Corporation v. Gainer Group, LLC
46A03-1006-PL-312
Civil plenary. Reverses denial of Meridian Title Corp.’s motion for summary judgment in Gainer Group's suit based upon Meridian’s alleged failure to properly handle Gainer Group's claim, seeking to recover the litigation expenses and attorney fees it incurred prior to Lawyers Title’s acceptance of its claim. Meridian had an extended duty to advise Gainer Group regarding coverage, and it fulfilled that duty.

Robert Arnold v. State of Indiana (NFP)
49A04-1008-CR-510
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Michael L. Spencer v. State of Indiana (NFP)
35A04-1009-CR-601
Criminal. Affirms convictions of two counts of Class A felony dealing in a schedule I, II, or III controlled substance.

Edwin Blinn, Jr. v. Robert Hammerle and Hammerle & Cleary (NFP)
49A02-1006-CT-634
Civil tort. Affirms summary judgment in favor of Hammerle on Blinn’s claims of malpractice and unjust enrichment. Judge May dissents.

Athena Jackson v. State of Indiana (NFP)
49A02-1006-CR-767
Criminal. Affirms conviction of Class D felony theft.

Term. of Parent-Child Rel. of B.F., et al.; E.C.F. v. I.D.C.S. (NFP)

71A03-1008-JT-608
Juvenile. Affirms termination of parental rights.

Elkhart General Hospital v. Doris Williams (NFP)
20A05-1007-CT-467
Civil tort. Affirms order denying Elkhart General Hospital’s motion to correct error after a jury trial resulted in a verdict in favor of Williams, individually and as the administratrix of the estate of Ben Williams Sr.

Larry E. Webb Construction, et al. v. Theresa Burns (NFP)
45A04-1011-PL-685
Civil plenary. Reverses summary judgment in favor of Burns’ claim under the Indiana Wage Payment Act and awarding her nearly $7,000 in damages. Remands with instructions to enter an order granting summary judgment in favor of Eclipse and proceed to trial regarding the claims against Webb Construction and, following trial, recalculate the amount of attorney fees, if any, to which Burns is entitled.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 16 for the week ending April 1.
 

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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.

  2. 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.

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

  4. 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.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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