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Opinions Jan. 19, 2012

January 19, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court
Chrysler Group, LLC v. Review Board of the Indiana Dept. of Workforce Development and T.A., et al.
93S02-1109-EX-565
Agency appeal. Affirms award of benefits to Chrysler employees offered a buyout. By Chrysler’s own words — to Congress and its own employees — Enhanced Voluntary Termination of Employment Program was part of a company-wide effort intended to avert twenty-nine manufacturing plant closures, twenty-two parts depot closures, and 53,000 layoffs. The board’s conclusion on this issue of ultimate fact was reasonable.

Indiana Court of Appeals
Tommy D. Alfrey v. State of Indiana
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01191203cjb.pdf
54A01-1104-CR-169
Criminal. Affirms convictions in three separate cause numbers of Class D felony residential entry, theft, escape and residential entry, Class A misdemeanor trespass, and revocation of probation. Intoxication is not a defense and Alfrey’s situation does not fall under the two narrow exceptions outlined in I.C. 35-41-3-5.

Fernando Contreras v. State of Indiana (NFP)
45A03-1106-CR-255
Criminal. Affirms sentence following guilty pleas to Class B felony burglary and Class C felony escape.

Beth E. Myers v. Rising Sun-Ohio County Community School Corporation (NFP)
58A05-1104-CT-193
Civil tort. Affirms summary judgment for the school corporation on Myers’ complaint asserting she was wrongfully discharged in retaliation for her workers' compensation claim.

Term. of Parent-Child Rel. of K.T.; K.A. (Father) v. Indiana Dept. of Child Services, and Lake County CASA (NFP)
45A03-1105-JT-207
Juvenile. Affirms termination of parental rights.

Raymond Benjamin Gray v. State of Indiana (NFP)
82A04-1106-CR-327
Criminal. Affirms sentence for convictions of Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.

Marie Robinson v. State of Indiana (NFP)

67A01-1107-CR-306
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Stacey L. Certain v. State of Indiana (NFP)
91A02-1106-CR-546
Criminal. Reverses sentence for Class C felony operating a motor vehicle after forfeiture of license for life and remands with instructions to resentence Certain to the advisory sentence of four years.

Bart A. Dewald v. State of Indiana (NFP)
20A03-1010-CR-541
Criminal.  Affirms sentences for conspiracy to commit aggravated battery, criminal confinement, intimidation, pointing a firearm, and criminal recklessness, and remands with instructions to vacate one conviction of conspiracy to commit aggravated battery and resentence Dewald in accordance with the opinion. Judge Baker concurs in part and dissents in part.

I.M. v. State of Indiana (NFP)
49A04-1101-JV-41
Juvenile. Grants rehearing and affirms original decision reversing the juvenile court’s order of restitution. Remanded for a new restitution hearing.

Dominique Guyton v. State of Indiana (NFP)
49A02-1107-PC-724
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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