ILNews

Opinions July 11, 2014

July 11, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT