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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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