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Opinions Feb. 16, 2011

February 16, 2011
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7th Circuit Court of Appeals
Jeff Whitely, et al. v. Anthony Moravec, et al.
09-3302
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Plaintiffs sued an Indiana company incorporated in New York to satisfy the penalty claims after the Indiana company entered into bankruptcy and was late paying wages and fringe benefits. Affirms the District Court correctly concluded that New York Bus. Corp. L. Section 630(a) doesn’t make defendants liable for a penalty under Indiana law.

Indiana Supreme Court
Jeffrey Tharp v. State of Indiana
49S02-1005-CR-256
Criminal. Reverses Tharp’s conviction of invasion of privacy. The evidence is insufficient that he received adequate notice of the protective order.

Richard Joslyn v. State of Indiana
49S04-1102-CR-85
Criminal. Affirms Joslyn’s convictions of stalking and invasion of privacy. The minor defect in the service of a protective order was cured by Joslyn’s statements to police and his testimony at trial that he found the protective order at his residence.

Indiana Court of Appeals
James M. Thompson, D.O. v. Amy Gerowitz, et al.
49A05-1005-CT-296
Civil tort. Affirms the trial court properly denied Dr. Thompson’s motion for judgment on the evidence on the issue of causation. Thompson waived his argument regarding judgment on the evidence on the issue of informed consent because he raised it for the first time on appeal. Orders a new trial based on the allegations of juror misconduct and bias.

Don J. Herrington Jr. v. State of Indiana (NFP)
34A02-1008-CR-924
Criminal. Affirms sentence following guilty plea to Class D felony intimidation.

Keith Hopkins v. State of Indiana (NFP)
02A05-1007-CR-426
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon and Class A misdemeanor invasion of privacy.

D'Wan Maxwell v. State of Indiana (NFP)
49A02-1006-CR-622
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

SS Enterprise v. La Joya Apartment, Inc. (NFP)
49A02-1005-CC-592
Civil collections. Affirms dismissal with prejudice of SS Enterprise’s complaint against La Joya Apartment.

Barbara L. Earle v. State of Indiana (NFP)
26A01-1005-CR-250
Criminal. Affirms conviction of and sentence for murder.

Joey Addison v. State of Indiana (NFP)
49A05-1006-CR-354
Criminal. Affirms conviction of felony murder.

Emily R. Meyer v. State of Indiana (NFP)
35A05-1007-CR-425
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit murder.

Timothy Allen Anderson v. State of Indiana (NFP)
48A05-1007-CR-436
Criminal. Affirms revocation of probation.

Tony Lee Parish v. State of Indiana (NFP)
20A05-1006-CR-398
Criminal. Affirms conviction of Class B felony burglary and sentences for that conviction, Class B felony conspiracy to commit robbery, and Class B felony robbery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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