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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. 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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