ILNews

Opinions Jan. 21, 2011

January 21, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Maria Tara Sutherland v. Wal-Mart Stores Inc.
10-2214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment in favor of Wal-Mart on Sutherland’s hostile work environment and negligent infliction of emotional distress claims. She did not present evidence that would allow a jury to conclude Wal-Mart is liable for the assault committed against her by Aguas.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert Hollis, et al. v. Defender Security Company
49A02-1004-PL-464
Civil plenary. Affirms dismissal of Hollis’ wage claims brought under the Wage Payment Statute. An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether to proceed under the Wage Payment Statute or the Wage Claims Statute. Robert was involuntarily separated from Defender Security Co. when he filed his claims, so they fell under the Wage Claims statute. Because he didn’t allege any Wage Claims Statute violations and submit his claim to the Department of Labor, the trial court properly dismissed his claims.

Darren Matlock v. State of Indiana
49A02-1006-CR-609
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated. Where the possibility exists that a defendant accused of OWI may at some point in the future regain competency and be released back into society, and when that release also may include the defendant driving, the state may pursue an OWI conviction even if the defendant’s incompetency caused he or she to be detained for a period in excess of the maximum possible sentence for OWI.

Benjamin H. Steinberg v. State of Indiana
53A01-1001-CR-16
Criminal. Affirms conviction of and 65-year sentence for murder. There was no reversible error in any of the issues Steinberg raised on appeal and his sentence is appropriate.

John P. Osburn v. State of Indiana
38A04-1004-CR-281
Criminal. Affirms convictions of Class D felonies theft and insurance fraud and vacates the Class D felony obstruction of justice conviction and sentence on double jeopardy grounds. There is enough evidence to support his convictions, but a review of the record indicates that the jury likely used the same facts to convict Osburn of both theft and obstruction of justice.

Zachary K. Gootee v. State of Indiana
67A05-1006-CR-74
Criminal. Affirms sentence imposed upon re-sentencing for convictions of four counts of Class C felony forgery, three counts of Class D felony fraud, one count of Class D felony theft, and the determination that Gootee is a habitual offender. The trial court did not abuse its discretion upon re-sentencing by imposing the same aggregate sentence of 24 years and by imposing consecutive sentences.

Brian Bronaugh v. State of Indiana
49A02-1004-CR-384
Criminal. Affirms convictions of Class B felony attempted robbery, Class B felony possession of a firearm by a serious violent felon, Class D residential entry, and Class A misdemeanor carrying a handgun without a license. The trial court did not abuse its discretion when it denied Bronaugh’s trial counsel’s motion to withdraw and Bronaugh was not denied due process when he was forced to attend the first day of trial wearing his jail clothes.

Jodi McGookin, et al. v. Guidant Corporation, et al.
71A04-1001-CT-101
Civil tort. Affirms denial of motion to correct error, following the trial court ruling in favor of Guidant on the McGookins’ state law complaint following the death of Jodi McGookin’s newborn daughter. The trial court properly found the claims pre-empted by federal law. The label on the pacemaker had been pre-approved by the FDA and Guidant wasn’t required to include additional warnings.

Christopher K. Washington v. State of Indiana
45A03-1004-CR-226
Criminal. Affirms 35-year sentence following guilty plea to Class A felony battery. Washington’s mental illness bears little weight on the analysis of his character and he failed to carry his burden of proving his sentence has met the inappropriateness standard of review.

Brandy Lozier v. State of Indiana (NFP)
15A01-1007-CR-347
Criminal. Affirms revocation of probation and imposition of four years of Lozier’s previously suspended sentence.

S.R. v. T.R. (NFP)
79A02-1005-DR-617
Domestic relation. Affirms decision to allow father T.R. to have unsupervised parenting time with the parties’ minor children. Holds that trial court’s admonishment concerning any future contempt findings does not violate mother S.R.’s due process rights.

David D. Williams v. State of Indiana (NFP)
45A04-1004-CR-242
Criminal. Affirms conviction of and sentence for Class B felony burglary and determination that Williams is a habitual offender.

Mark W. Phillips v. State of Indiana (NFP)
35A05-1005-CR-343
Criminal. Affirms conviction of Class A felony child molesting but reverses sentence imposed on that count. Revises it to 40 years, to be served concurrently with the eight-year sentence previously imposed on Class C felony touching or fondling a 10-year-old child with the intent to arouse or satisfy his own sexual desires or that of the child.

Adoption of T.D.V. and M.B.V.; B.R. v. J.V. (NFP)
15A05-1006-AD-364
Adoption. Affirms denial of stepfather B.R.’s petition to adopt T.D.V. and M.B.V.

Josh R. Crager v. State of Indiana (NFP)
17A03-1006-CR-283
Criminal. Affirms sentence following guilty plea to Class B felony possession of methamphetamine within 1,000 feet of a public park.

Bonnie Warren v. State of Indiana (NFP)
49A02-1007-CR-713
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.

Paternity of B.W.; D.W. v. T.P. (NFP)
71A05-1006-JP-455
Juvenile. Affirms modification of legal and physical custody of B.W. in favor of mother T.P.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT