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Opinions June 12, 2012

June 12, 2012
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Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.

7th Circuit Court of Appeals
Svetlana Arizanovska v. Wal-Mart Stores, Incorporated
11-3387
U. S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms District Court’s finding of summary judgment against Arizanovska on her claims of discrimination, retaliation and other state-law claims against her employer, Wal-Mart. Holds that Wal-Mart’s suggestion that Arizanovska take an unpaid leave of absence was outlined in company policy and was not an adverse, retaliatory response to her filing a discrimination claim.

Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of V.B., and R.B.; R.B. v. Indiana Dept. of Child Services (NFP)
49A05-1111-JT-654
Juvenile. Affirms termination of father’s parental rights.

Anthony Tyrone White v. State of Indiana (NFP)
18A02-1109-CR-871
Criminal. Affirms revocation of placement in home detention.

Eric D. Smith v. Steve Euler, Melvin Brooks, Marty Sexton, and Jason Jacob (NFP)
46A03-1110-CT-493
Civil tort. Affirms trial court’s denial of “veteran pro se litigant” Smith’s motion for relief from judgment. Holds the appeal was in bad faith and remands for determination of appellate attorney fees to which appellees may be entitled.

Carlton P. Wilson v. State of Indiana (NFP)
71A03-1108-CR-384
Criminal. Affirms conviction of Class A felony arson.

Jack Arthur Griffin v. State of Indiana (NFP)
30A05-1112-CR-689
Criminal. Affirms conviction of and sentence for Class B felony burglary.

Michael J. Maurer v. State of Indiana (NFP)
17A03-1112-CR-552
Criminal. Affirms trial court’s order denying Maurer’s motion to suppress.

Hassan M. Aljarah v. State of Indiana (NFP)
20A03-1111-CR-541
Criminal. Affirms conviction of attempted murder.

Donato Luna-Quintero v. State of Indiana (NFP)
49A02-1110-CR-931
Criminal. Affirms conviction of felony murder.

James O. Reichenbaugh v. State of Indiana (NFP)
02A03-1110-CR-492
Criminal. Affirms convictions of three counts of Class A felony child molesting, two counts of Class C felony child molesting, two counts of Class B felony sexual misconduct with a minor and one count of Class C felony sexual misconduct with a minor.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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