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Opinions July 23, 2012

July 23, 2012
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7th Circuit Court of Appeals
Mark McCleskey, trustee, et al. v. DLF Construction Inc., an Indiana corporation
11-1826
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the construction company, as employer, had to contribute to the funds for all hours worked by members of the union, not just bargaining unit work. The collective bargaining agreements are clear that DLF is required to make contributions to the pension and health and welfare funds for each hour worked by a covered employee.

Indiana Supreme Court
Robert L. Clark, Jr. and Debra Clark v. Robert L. Clark, Sr.
01S02-1112-CT-690
Civil tort. Reverses judgment in favor of Clark Sr. in Clark Jr.’s suit after his father hit him with his car while trying to give his father directions. Holds that for purposes of the Indiana Gust Statute as to injuries inflicted when a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park, that passenger is not “in or upon” the vehicle and thus is not precluded from brining a negligence action against the driver. Remands for further proceedings. Justices Sullivan and Massa dissent.

Indiana Court of Appeals
Michael Sims v. State of Indiana (NFP)
20A03-1203-CR-127
Criminal. Affirms denial of motion to correct erroneous sentence.

Edwin D. Calligan v. State of Indiana (NFP)
02A03-1108-CR-400
Criminal. Grants rehearing and affirms original decision to deny motion to correct erroneous sentence.

Savane Williams v. State of Indiana (NFP)
20A04-1106-CR-428
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing in cocaine, but finds the trial court erred in the manner in which it imposed the habitual offender enhancement. Remands for further proceedings.

Rosalio Pedraza v. State of Indiana (NFP)
49A02-1111-PC-1076
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Grubbs v. State of Indiana (NFP)
53A01-1109-PC-606
Post conviction. Affirms denial of motion for reconsideration and motion to correct error.

Indiana Tax Court posted no opinions at IL deadline.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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