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Opinions Aug. 9, 2013

August 9, 2013
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7th Circuit Court of Appeals
Paul Hester v. Indiana State Department of Health
12-3207
Civil. Affirms District Court ruling granting summary judgment in favor of the Department of Health. The panel held that there was evidence that Hester was fired for cause, and that Hester failed to produce evidence showing age, race or gender discrimination supporting his claim that his firing violated the Age Discrimination in Employment Act, 29 U.S.C. § 621, or Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e-2000e17.

Indiana Court of Appeals
Thomas W. Oster, II v. State of Indiana
84A05-1208-CR-437
Criminal. Affirms in part, reverses in part and remands a man’s conviction and aggregate 18-year sentence on charges of Class C felony burglary, Class A misdemeanor criminal mischief and an enhancement as a habitual offender. The majority found sufficient evidence to affirm the burglary conviction and habitual offender finding, but ruled the mischief conviction was double jeopardy, ordering the conviction and sentence vacated. The aggregate sentence will be unchanged because the one-year sentence on the mischief charge is served concurrently with a seven-year sentence on the burglary conviction. Judge Patricia Riley would order the burglary conviction vacated, finding in dissent that the state produced insufficient evidence to support the theft intent element of the charge.

Eddie Spalding v. State of Indiana
49A04-1210-CR-534
Criminal. Affirms denial of Spalding’s motion to dismiss and discharge. Finds although nearly 400 days had passed since Spalding’s arrest, his right to a speedy trial had not been violated. Since Spalding was held during most of that time in federal custody, Indiana did not have exclusive control and therefore Indiana Criminal Rule 4(C) does not apply. The time Spalding spent in foreign jurisdictions does not count in Indiana.  

Tranell Nash v. State of Indiana (NFP)
49A02-1210-PC-874
Post conviction. Affirms denial of Nash’s post-conviction relief petition for his conviction for Class A felony attempted robbery.

In the Matter of S.K., A Child in Need of Services; and A.R. v. The Indiana Dept. of Child Services (NFP)
84A05-1301-JC-7
Juvenile. Affirms trial court’s determination that S.K. is a child in need of services.
 
Andrew Wright, Jr. v. State of Indiana (NFP)
71A03-1212-CR-522
Criminal. Affirms conviction for murder.

Nephrology Specialists, P.C., Shahabul Arfeen, M.D., Sanjeev Rastogi, M.D., Maher Ajam, M.D. and Raied Abdullah, M.D. v. Asim Chughtai, M.D., Rafael Fletes, M.D., Kupusamy Umapathy, M.D., et al. (NFP)
45A03-1212-CT-535
Civil tort. Affirms, in this rehearing, its opinion that non-compete provisions continue in certain employment contracts of the departing physicians. Clarifies that the court’s reference to an attorney’s testimony does not indicate the document was inherently unclear.

Eddie Spalding v. State of Indiana
49A04-1210-CR-534
Criminal. Affirms denial of Spalding’s motion to dismiss and discharge. Finds although nearly 400 days had passed since Spalding’s arrest, his right to a speedy trial had not been violated. Since Spalding was held during most of that time in federal custody, Indiana did not have exclusive control and therefore Indiana Criminal Rule 4(C) does not apply. The time Spalding spent in foreign jurisdictions does not count in Indiana.  

 

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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