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Opinions Jan. 14, 2011

January 14, 2011
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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.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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