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Opinions July 12, 2012

July 12, 2012
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7th Circuit Court of Appeals
Carlene M. Craig, et al. v. FedEx Ground Package System Inc.
10-3115
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Multidistrict litigation. Certifies two questions to the Kansas Supreme Court in a suit that was based on the Employee Retirement Income Security act and Kansas law regarding whether FedEx drivers are employees or independent contractors. Craig is the “lead” case in a nationwide class action.

Indiana Supreme Court
State of Indiana v. Steven Ray Hollin
69S05-1201-PC-6
Post conviction. Affirms judgment of the post-conviction court and remands for a new trial. Hollin is entitled to a new trial because of ineffective assistance of trial counsel and prosecutorial misconduct.

Indiana Court of Appeals
Andrew McWhorter v. State of Indiana
33A01-1202-PC-72
Post conviction. Reverses denial of petition for post-conviction relief, where McWhorter challenged his conviction of voluntary manslaughter. McWhorter’s trial attorney was ineffective for failing to object to the voluntary manslaughter instruction given to the jury. Remands for retrial on reckless homicide.

Robert L. Jackson v. State of Indiana (NFP)
27A02-1112-CR-1122
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex.

Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Reverses revocation of probation.

Jocelyn Allen v. State of Indiana (NFP)
49A02-1111-CR-1053
Criminal. Affirms conviction of Class A misdemeanor OWI with endangerment and remands for the trial court to vacate the conviction for Class C misdemeanor OWI.

Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1111-CR-560
Criminal. Affirms revocation of probation and imposition of the entirety of Booth’s suspended 4-year sentence.

Alejandro Prado v. State of Indiana (NFP)
48A02-1110-CR-1094
Criminal. Affirms convictions of Class C felonies criminal confinement resulting in bodily injury and battery resulting in bodily injury to a pregnant woman; Class D felony strangulation, Class A misdemeanor domestic battery, and Class B misdemeanor disorderly conduct.

Anthony Ray Ewing v. State of Indiana (NFP)
45A03-1109-CR-447
Criminal. Affirms conviction of Class C felony battery.

In the Matter of Child Alleged to be a Child in Need of Services: D.L. (Minor Child), and K.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
82A05-1111-JC-628
Juvenile CHINS. Affirms order finding D.L. a child in need of services.

Term. of Parent-Child Rel. of T.A.B.; T.B. (Father) v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1111-JT-1062
Juvenile termination. Affirms involuntary termination of parental rights.

Norrene Sullivan v. Kindred Nursing Center (NFP)
93A02-1202-EX-143
Agency appeal. Remands to the Worker’s Compensation Board with instructions that it enter new findings of fact and conclusions of law consistent with the opinion with regards to Sullivan’s application for adjustment of claim.

Kevin Taylor v. State of Indiana (NFP)
20A03-1112-CR-563
Criminal. Affirms conviction and sentence for murder.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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