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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

ADVERTISEMENT