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Opinions Aug. 17, 2011

August 17, 2011
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7th Circuit Court of Appeals
Lisa Hicks v. Avery Drei, LLC and Chance Felling
10-2744
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms grant of Avery Drei and Felling’s motion for judgment as a matter of law on Hicks’ vacation pay claim and a portion of their similar motion on her overtime pay claim. Evidence shows that Hicks and Felling had an agreement that Hicks would not earn vacation pay until after being employed for one year; her employment ended before she reached her one-year anniversary. The District Court did not abuse its discretion in denying Hicks’ motion in limine. Affirms in all other respects.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Amy Gulbranson v. State of Indiana
71A05-1103-CR-120
Criminal. Affirms conviction of Class C felony assisting a criminal. Gulbranson’s reliance on authority interpreting prior versions of Ind. Code 35-44-3-2 is misplaced.

C.S. v. State of Indiana
67A01-1101-JS-19
Juvenile. Reverses adjudication as a delinquent child for violating the compulsory school attendance law, a status offense. There was insufficient evidence that C.S. is in need of care, treatment, or rehabilitation, which is a required element in order to be adjudicated.

Randall Thomas Ford v. Debra Ann Ford
07A01-1012-DR-601
Domestic relation. Affirms the trial court’s conclusion that Randall Ford’s employer-funded health benefit account constitutes a marital asset subject to division, but reverses the judgment regarding valuation of the account. Although there are possibilities that might impact the valuation of the account, they do not alter the fact that that Randall does have an immediately existing right to present enjoyment of the account. Remands with instructions to conduct a hearing at which the value of the account as a divisible marital asset may be determined.

Outboard Boating Club of Evansville, Inc., et al. v. Indiana State Dept. of Health
82A01-1102-PL-52
Civil plenary. Affirms grant of the health department’s motion to dismiss the boating clubs’ action for declaratory judgment that the health department had no jurisdiction to regulate the clubs’ facilities. The trial court lacked subject matter jurisdiction due to the clubs’ failure to exhaust administrative remedies.

Joshua Farmer v. State of Indiana (NFP)
89A01-1012-CR-656
Criminal. Affirms conviction of Class D felony possession of a narcotic drug.

Tat-Yik Jarvis Ka and Amanda Beth Ka v. City of Indianapolis (NFP)

49A02-1103-CT-188
Civil tort. Affirms summary judgment for the City of Indianapolis on the Kas’ suit for negligence, negligent infliction of emotional distress, trespass and nuisance after sewage from a city pipe backed up into their home.

Thomas Hopkins v. State of Indiana (NFP)

48A04-1101-CR-13
Criminal. Affirms revocation of probation.

David G. Carmichael v. Candace (Carmichael) Ballard (NFP)
52A05-1012-DR-770
Domestic relation. Affirms denial of Carmichael’s motion for relief from judgment.

Kevin R. Franklin v. State of Indiana (NFP)
02A03-1012-CR-651
Criminal. Affirms convictions of murder, Class C felony carrying a handgun without a license, and Class D felony criminal recklessness.

N.D. v. T.D. (NFP)
71A03-1011-DR-648
Domestic relation. Affirms trial court’s ruling regarding custody, provisional child support, tax exemption, attorney fees, and bias. Remands for further consideration regarding the father’s pension.

Base Alston-Butler v. State of Indiana (NFP)
49A02-1101-CR-55
Criminal. Affirms convictions of four counts of Class B felony robbery.

Beverly Jinkins v. Jet Credit Union (NFP)
49A02-1006-PL-666
Civil plenary. Affirms partial summary judgment for Jet Credit Union on Jinkins’ counterclaims alleging breach of contract and various tort claims. Affirms grant of Jet’s motion to strike Jinkins’ untimely response.

Term. of Parent-Child Rel. of: S.C., et al.; D.C. v. I.D.C.S. (NFP)
79A02-1102-JT-203
Juvenile. Affirms termination of parental rights.

Frontier Insurance Co. and Midwest Bonding, Inc. v. State of Indiana (NFP)
20A04-1102-CR-89
Criminal. Reverses denial of motion to correct error challenging an order for forfeiture of a bond and the imposition of late surrender fees.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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