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Opinions Jan. 12, 2011

January 12, 2011
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7th Circuit Court of Appeals
Amorita N. Thomas, on behalf of herself and all others similarly situated v. H&R Block Eastern Enterprises Inc.
10-1482
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Affirms summary judgment in favor of H&R Block in Thomas’ suit under Indiana’s Wage Payment Statute for paying its end-of-season compensation more than 10 days after it was earned. Concludes that the end-of-season compensation is not a wage under the statute because it was depending on other factors than her efforts and it would be highly difficult for the company to calculate it within 10 days. Declines to send a certified question on the issue to the Indiana Supreme Court.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Beck's Superior Hybrids, Inc. v. Monsanto Company, et al.
29A05-1008-MI-489
Miscellaneous. Reverses order that Beck’s comply with the arbitration panel’s subpoena. Section 7 of the Federal Arbitration Act preempts Indiana Trial Rule 28(E) and Monsanto’s lack of federal subject matter jurisdiction to enforce its subpoena doesn’t justify ignoring the plain text of Section 7. Remands with instructions that the court dismiss Monsanto’s petition to assist. Judge Baker dissents.

Brian Reese v. State of Indiana
64A03-1001-CR-18
Criminal. Affirms convictions of Class A felony attempted murder, Class A misdemeanor resisting law enforcement, and carrying a handgun without a license, elevated to a Class C felony due to a prior offense. The trial court did not abuse its discretion by admitting evidence of uncharged bad acts, there is sufficient evidence to support his conviction of attempted murder, and he was properly sentenced. The use of “attack” in jury instruction Final Instruction 26 is at most a harmless error in light of the testimony that Reese deliberately fired multiple shots at the police officer.

Alesa Pack v. Indiana Family and Social Services Administration

89A05-1004-PL-240
Civil plenary. Grants rehearing for the sole purpose of clarifying the correct application of Administrative Orders and Procedures Act to Medicaid determinations regarding recipients and applications. Clarifies that while the AOPA applies to judicial review of Medicaid determinations, separate rules apply to the review of such decisions by an administrative law judge as they pertain to recipients of and applications for Medicaid benefits. Affirms original decision in all respects. Judge Riley voted to deny petition for rehearing without opinion.

Glenn L. Carpenter v. State of Indiana (NFP)
49A02-1005-CR-521
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon as a Class B felony, adjudication as a habitual offender, and sentence imposed.

Lucas T. Scholl v. State of Indiana (NFP)
07A01-1004-CR-166
Criminal. Affirms conviction of operating a vehicle while intoxicated, endangering a person as a Class A misdemeanor.

Camiell Chest v. State of Indiana (NFP)
49A02-1005-CR-544
Criminal. Affirms conviction of Class D felony domestic battery.

Wesley D. Willis v. State of Indiana (NFP)
71A04-1005-CR-304
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class A felony attempted murder, and two counts of Class C felony criminal recklessness.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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