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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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