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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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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