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Opinions Dec. 14, 2011

December 14, 2011
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7th Circuit Court of Appeals
Susan Kellar v. Summit Seating Inc.
11-1221
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein
Civil. Affirms summary judgment for Summit Seating on Kellar’s lawsuit that she is entitled to overtime under the Fair Labor Standards Act for work performed before the official start of her work shift. Concludes that Summit did not know or have reason to know that Kellar was working before her shift.

United States of America v. Andre Moody
10-3924
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Criminal. Affirms convictions of conspiracy to distribute 500 grams or more of methamphetamine and distribution of five grams or more of methamphetamine and 292-month sentence. The challenged evidence was derived from an independent source and in light of the fact that law enforcement did nothing with this evidence for more than two years before it was rediscovered by an independent source, any unconstitutional taint was removed and the evidence was properly admitted.

Indiana Court of Appeals
Term. of Parent-Child Rel. of H.G., E.G., and C.D.; and B.G. (Mother), H.H.G. (Father), and C.L.D. (Father) v. Indiana Dept. of Child Services
30A01-1103-JT-267
Juvenile. Reverses termination of parental rights for mother and the children’s two fathers. Concludes that DCS failed to show that termination is in the children’s best interest as the parents appear willing to continue to cooperate with DCS and work toward reunification, and because there is no indication that allowing the parents more time to do so will harm the children.

The Jefferson County Board of Zoning Appeals v. Harry and Eva Elburg (NFP)
39A01-1012-CC-664
Civil collection. Reverses denial of the board of zoning appeals’ motion to dismiss the Elburgs’ petition for writ of certiorari as it related to a conditional use and affirms the denial of the BZA’s motion to dismiss the Elburgs’ petition for writ of certiorari with regard to the variance issue. Remands for further proceedings.

Lawrence Ray Holley II v. State of Indiana (NFP)
79A02-1005-PC-652
Post conviction. Grants rehearing to expand upon the mailbox rule and affirms original decision to affirm the denial of Holley’s petition for post-conviction relief.

Douglas Norman and Theresa Norman v. State of Indiana (NFP)
15A01-1102-CR-74
Criminal. Affirms the Normans’ convictions of Class D felony money laundering as well as Doug’s convictions of Class C felony corrupt business influence, Class C felony forgery and Class A misdemeanor intimidation.

Quintin D. Holmes v. State of Indiana (NFP)
02A03-1104-CR-161
Criminal. Affirms convictions of and sentence for Class A felony dealing in cocaine, Class A misdemeanor resisting law enforcement and Class A misdemeanor possession of marijuana.

Alvareze Isom v. State of Indiana (NFP)
18A04-1106-CR-316
Criminal. Affirms sentence following guilty plea to Class C felony robbery.

Darrell Stephens v. State of Indiana (NFP)
30A04-1105-PC-232
Post conviction. Affirms denial of petition for post-conviction relief.

Clark County Board of Aviation Commissioners v. Margaret A. Dreyer (NFP)
10A01-1012-PL-659
Civil plenary. Affirms order by Clark Circuit Court that the aviation board pay Dreyer $865,000 in compensation for land that was taken by the board through the use of eminent domain.

Maria J. Villarreal v. State of Indiana (NFP)
57A05-1104-CR-209
Criminal. Affirms sentence for Class C felony forgery.

The Indiana Supreme Court and Indiana Court of Appeals had posted no opinions at IL deadline.
 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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