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Opinions Aug. 26, 2011

August 26, 2011
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7th Circuit Court of Appeals
Victoria Serednyj v. Beverly Healthcare, LLC.
10-2201
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Robert L. Miller, Jr.
Civil. Affirms District Court’s grant of summary judgment in favor of Serednyj’s former employer, Beverly Healthcare, holding the employer did not violate the law in firing her, because she was unable to perform all the functions of her job due to pregnancy complications.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeremy A. Lane v. State of Indiana
48A02-1010-CR-1156
Criminal. Affirms conviction of and sentence for Class D felony attempted theft, holding that due to Lane’s record, the sentence is appropriate, and that his counsel did not render ineffective assistance.

Zarumin Coleman v. State of Indiana

49A02-1101-CR-12
Criminal. Reverses 60-year sentence for one count Class A felony conspiracy to commit robbery and one count of Class B felony possession of a firearm by a serious violent felon, holding that conspiracy to commit a “crime of violence” is not a crime of violence, and therefore, the sentence exceeded the statutory maximum. Remands to trial court to reduce sentence to 55 years.

Timothy-Patrick Treacy v. State of Indiana
49A02-1010-CR-1254
Criminal. Dismisses appeal from attorneys, holding that the appeal does not involve the named appellant, but rather is an attempt to collect attorney fees from the Marion County Public Defender Agency. Judge Melissa May dissented, stating that despite counsel’s motivation for filing the appeal, Treacy was denied his constitutional right to trial counsel at public expense.

Eric D. Smith v. D. Patton, Scott Fitch, Larry Bynum, Correctional Medical Services (NFP)
33A01-1012-PL-681
Civil plenary. Affirms trial court’s grant of summary judgment in favor of appellees-defendants.

Sean W. Clover v. State of Indiana (NFP)

03A04-1010-CR-675
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in cocaine.

In Re: The Marriage of Jimmy Hovey v. Jennifer Hovey (NFP)

45A05-1102-DR-123
Domestic relation. Affirms trial court’s determination of amount of father’s arrearage and award of attorney fees to mother.

Kevin Godfrey v. State of Indiana (NFP)

42A04-1101-CR-40
Criminal. Affirms conviction of Class B felony burglary.

Charles F. Newby v. State of Indiana (NFP)
36A04-1012-CR-814
Criminal. Affirms aggregate sentence for Class A misdemeanors driving while suspended and resisting law enforcement.

Mark Singer v. State of Indiana (NFP)

49A02-1102-CR-90
Criminal. Affirms convictions of five counts Class C felony theft.  

Brandon D. Williams v. State of Indiana (NFP)

71A05-1103-CR-180
Criminal. Affirms sentence for Class D felony receiving stolen property.

Joel Rowley v. State of Indiana (NFP)
49A04-1102-CR-34
Criminal. Affirms conviction of felony murder.

In Re The Marriage of: R.B. v. M.B. (NFP)
18A02-1010-DR-1163
Domestic relation. Affirms trial court’s division of marital property and custody determination.

S.G. v. Review Board of the Indiana Department of Workforce Development and T.C. (NFP)

93A02-1011-EX-1241
Civil. Affirms determination by administrative law judge, which was affirmed by the Indiana Department of Workforce Development’s review board, that S.G. was ineligible for unemployment benefits.

Aaron Isby v. Edwin Buss, Indiana Parole Board, et al. (NFP)
77A01-1104-PL-181
Civil plenary. Holds that while Isby’s case was properly transferred to Sullivan County, it was improperly dismissed. Remands with instructions to the court to consider Isby’s motion for change of judge.  

Indiana Tax Court had posted no opinions at IL deadline.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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