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Opinions Aug. 16, 2011

August 16, 2011
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The following opinion was posted after IL deadline Monday:

7th Circuit Court of Appeals
Blanca Gomez and Joan Wagner-Barnett v. St. Vincent Health Inc.
10-2379
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s decision to not certify the class, not to award statutory penalties, and the amount of damages awarded to Barnett in the proposed class action seeking damages from and statutory penalties against St. Vincent for violating the notice provisions regarding extending health care coverage after ending employment. The District Court didn’t err in awarding Barnett $396 in damages pursuant to U.S.C. Section 1132(c)(1) or in finding the proposed counsel inadequate to represent the class.

Today’s opinions:
Indiana Supreme Court had posted no opinions at IL deadline.


7th Circuit Court of Appeals
Lady Di’s, Inc. v. Enhanced Services Billing, Inc., and ILD Telecomunications, doing business as ILD Teleservices, Inc.
10-3903
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s denial of plaintiff’s request for class certification and grant of the defendants’ motions for summary judgment on the unjust enrichment and statutory deception claims, holding Indiana “anti-cramming” regulation does not apply to the defendants because they are not telephone companies and did not act in this case as billing agents for telephone companies.

Indiana Court of Appeals
Gordon B. Dempsey v. Dept. of Metropolitan Development
49A02-1102-MI-165
Miscellaneous. Reverses trial court’s dismissal of Dempsey’s appeal, holding that because he paid a fine under protest to avoid a tax sale, his appeal is not moot. Remands to the trial court with instructions that it determine whether a fine was warranted.

Murat Temple Association, Inc. v. Live Nation Worldwide, et al.
49A02-1008-PL-952
Civil plenary. Affirms trial court’s dismissal of Murat Temple Association’s claim for tortious interference with a contractual relationship.

Harrion Dixon v. State of Indiana (NFP)
49A02-1101-CR-35
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Jeffrey L. Turnmire v. State of Indiana (NFP)
03A01-1101-CR-41
Criminal. Affirms aggregate sentence of Class C felony operating a motor vehicle while intoxicated causing serious bodily injury and Class D felony operating a vehicle as a habitual traffic violator.

Steven Young v. State of Indiana (NFP)
49A02-1012-CR-1326
Criminal. Affirms convictions of Class D felony theft and Class D felony pointing a firearm.

Kurt St. Angelo v. State of Indiana (NFP)
51A01-1105-IF-189
Infraction. Affirms trial court’s judgment that St. Angelo committed a Class C infraction of speeding.

Michael S. Fahlbeck v. Bryan Bucklen, et al. (NFP)
20A03-1102-PL-54
Civil plenary. Affirms trial court’s award of attorney fees to Bucklen, et. al., holding that Fahlbeck waived his argument on appeal because it was not properly asserted at the trial court level.

Winfred Jefferson v. State of Indiana (NFP)
02A05-1103-CR-191
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Jose Cruz v. State of Indiana (NFP)
49A02-1012-CR-1343
Criminal. Affirms conviction of Class C felony child molesting.

Johnny Joe Olinger v. State of Indiana (NFP)
83A01-1012-CR-668
Criminal. Affirms sentence for Class B misdemeanor disorderly conduct.

Kenny Mong v. State of Indiana (NFP)
89A01-1012-CR-662
Criminal. Reverses sentence for two counts Class A felony dealing in cocaine, finding the sentence is inappropriate in light of the offense and character of the offender and that the trial court’s statements at sentencing conflicted with the sentence imposed.

Term. of Parent-Child Rel. of N.D.; H.D. and D.D. v. I.D.C.S. (NFP)
40A05-1101-JT-17
Juvenile termination of parental rights. Affirms termination of parental rights for mother and father.

Cartier D. Tasby v. State of Indiana (NFP)
27A05-1010-CR-710
Criminal. Affirms convictions of Class D felony residential entry, Class D felony theft, and Class A misdemeanor resisting law enforcement.

Purl Robert Silk III v. State of Indiana (NFP)
20A04-1008-CR-584
Criminal. Affirms the trial court’s denial of Silk’s petition to file a belated notice of appeal, holding that Silk was not diligent in requesting permission to file a belated notice of appeal.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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