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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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