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Opinions July 11, 2014

July 11, 2014
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The following opinions were posted after IL deadline Thursday:

7th Circuit Court of Appeals
Stephanie Sue Carlson v. CSX Transportation
13-1944 and 13-2054
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reinstates claims dismissed by the District Court for sexual discrimination and retaliation. Finds that the court erred by dismissing most of Carlson’s Title VII claims for failure to state a claim upon which relief can be granted or were precluded by the Railway Labor Act. Declines to grant CSX’s cross-motion for summary judgment and remands for proceedings.

Indiana Supreme Court
In re the Involuntary Termination of the Parent-Child Relationship of K.W., a Minor Child, and His Mother, C.C.; K.W. v. Indiana Department of Child Services and Child Advocates, Inc.
49S02-1407-JT-458
Juvenile. Vacates termination of mother C.C.’s parental rights to her son, K.W., holding that the juvenile court abused its discretion by denying a motion to continue the termination hearing for which the mother was absent because she had been jailed.
 

Friday's opinion
Indiana Court of Appeals

Scott A. Wright v. State of Indiana
45A05-1310-CR-526
Criminal. Vacates Wright’s conviction of Class A felony child molesting and remands for a new trial. Finds the trial court erred in replacing a juror during deliberations. The juror was the lone vote to acquit and had stopped deliberating but he was not prejudicing the other jurors nor impairing Wright’s right to a trial by jury. Moreover, the trial court failed to explain to the jury that the removal of the single juror was not because the court agreed or disagreed with the juror’s views.

A.H. v. C.E.G., on behalf of G.S.
49A05-1310-PO-525
Protective order. Reverses grant of injunction against A.H. under the Workforce Violence Restraining Orders Act, finding that because the case grows out of a labor dispute, it is governed by the Anti-Injunction Act and therefore the trial court had no jurisdiction to issue the injunction. Remands with instructions to dismiss C.E.G.’s petition without prejudice.

In the Matter of the Termination of the Parent-Child Relationship of: Z.C., Minor Child, S.C., Mother v. The Indiana Department of Child Services
33A01-1310-JT-434
Juvenile. Affirms termination of parental rights of mother S.C. to son Z.C. Holds DCS presented sufficient evidence that the conditions under which the child was removed from mother’s care would not be remedied and that termination was in the child’s best interests.

Drakkar R. Willis v. State of Indiana
49A02-1310-CR-854
Criminal. Affirms conviction of Class A misdemeanor criminal trespass. The majority held that circumstantial evidence in the case was sufficient to affirm the conviction in light of the ruling in Meehan v. State, 7 N.E.3d 255 (Ind. 2014), in which DNA on a glove found at a crime scene was sufficient to support a burglary conviction. Dissenting Judge Michael Barnes found that the evidence against Willis wasn’t sufficient and that the ruling in Meehan doesn’t demand that tenets of the definition of “proof beyond a reasonable doubt” be altered.

In the Matter of the Adoption of D.M.B., D.P.B. (Father) v. T.M.N. (Stepfather) (NFP)
53A01-1312-AD-547
Adoption. Affirms grant of stepfather’s petition of adoption.

Andrea M. Fears and Edwin G. Fears v. Charles W. Asxom and Peggy L. Axsom as Trustees of the Charles W. Axsom and Peggy L. Axsom Revocable Trust (NFP)
07A04-1305-PL-243
Civil plenary. Affirms denial of the Fearses’ motion for summary judgment.
 
Racxon Cruze McDowell v. State of Indiana (NFP)
82A01-1311-CR-492
Criminal. Affirms conviction of murder.

In the Matter of the Termination of the Parent-Child Relationship of: D.R., Minor Child, and A.R., Father v. The Indiana Department of Child Services (NFP)
79A04-1312-JT-614
Juvenile. Affirms involuntary termination of father A.R.’s parental rights to D.R.

Damon Quarles v. State of Indiana (NFP)
49A02-1306-CR-588
Criminal. Affirms denial of petition for credit time not previously awarded.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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