ILNews

Opinions Jan. 14, 2011

January 14, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
John M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
09-2924
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Theresa L. Springmann.
Order. Petition for rehearing en banc is denied. Panel previously reversed District Court’s finding that Stephenson received ineffective assistance of counsel because the attorney didn’t object to Stephenson’s wearing a stun belt in court. Judges Rovner, Williams, and Hamilton dissent.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Spine Group, P.C. v. International Entertainment Consultants
93A02-1007-EX-764
Civil. Reverses dismissal of Indiana Spine Group’s application for adjustment of claim with the Worker’s Compensation Board. Indiana Code Section 22-3-3-3 doesn’t apply to Indiana Spine’s claim. Remands for further proceedings.

Orlando Quezare v. Byrider Finance, Inc.
29A02-1008-PL-944
Civil plenary. Affirms summary judgment for Byrider Finance on Quezare’s suit that his bonus payments were “wages” under the Wage Payment Statute and Byrider violated the statute by not paying him his bonuses within 10 days of the date they were earned. The bonuses were not wages for the purposes of the statute because they were not directly related to the amount of time Quezare worked, were not necessarily paid regularly, and the bonus program was discretionary.

Alexander Orta v. State of Indiana
71A05-1004-CR-210
Criminal. Affirms convictions of and sentence for felony murder, Class A misdemeanor operating a vehicle with a controlled substance in the blood, and Class C felony failure to stop at the scene of an accident resulting in death of another person. The trial court acted within its discretion with regard to each of Orta’s alleged errors, the trial court properly applied the Indiana Supreme Court’s opinion in Sanchez, and Orta’s sentence is appropriate.

Christopher Brian Neal v. State of Indiana (NFP)
07A01-1007-CR-331
Criminal. Affirms convictions of and aggregate 65-year sentence for felony murder and Class B felony robbery.

Nanci Lacy v. State of Indiana (NFP)
49A02-1005-OV-528
Local ordinance violation. Affirms permanent injunction order impounding any animal Lacy owned and prohibiting her from owning or keeping an animal in Marion County.

Gregory Withers, Jr. v. State of Indiana (NFP)
34A04-1006-CR-419
Criminal. Affirms sentence following guilty plea to Class D felony nonsupport of a child.

Term. of Parent-Child Rel. of N.J.; J.J. and A.D. v. I.D.C.S., St. Joseph County office (NFP)
71A04-1004-JT-209
Juvenile. Affirms involuntary termination of parental rights.

Douglas P. Johnson v. State of Indiana (NFP)
92A03-1004-CR-222
Criminal. Affirms denial of motion to sever child molesting charges from sexual misconduct with a minor charges.

Jay F. Vermillion v. Indiana State Prison Disciplinary Body and Westville Control Unit (NFP)
46A03-1008-SC-409
Small claims. Affirms grant of motion to dismiss Vermillion’s complaint alleging his disciplinary sanction and the confiscation of his television were in violation of Department of Correction policy.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT