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Opinions June 28, 2012

June 28, 2012
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7th Circuit U.S. Court of Appeals
Robert Jones v. C&D Technologies, Inc.
1:10-cv-696
Civil plenary. Affirms summary judgment for C&D Technologies, Inc. granted by U.S. District Court for the Southern District of Indiana, upholding that Jones was not entitled to benefits from the Family and Medical Leave Act because he did not receive treatment during his absence.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Eldon E. Harmon v. State of Indiana
20A03-1110-CR-529
Criminal. Reverses and remands to Elkhart Superior Court with instructions to reduce a Class A felony conviction of dealing in methamphetamine to a Class B felony and resentence Harmon accordingly. The court found that the state failed to properly satisfy its burden of proof beyond a reasonable doubt with respect to the 3-gram weight element of the Class A felony charge.

James Henry Tankard v. State of Indiana (NFP)
02A04-1110-CR-570
Criminal. Affirms an Allen Superior Court conviction and 17-year sentence on a charge of Class B felony dealing in cocaine. Judges found the trial court did not err on instructions regarding “delivery” after Tankard sold cocaine to an undercover officer and was arrested a short time late. Tankard also failed to prove the evidence was insufficient to support his conviction and the sentence was inappropriate, according to the ruling.

Anthony Hall v. State of Indiana (NFP)
87A01-1110-CR-498
Criminal. Affirms Warrick Superior Court convictions of Class B felony confinement, Class D felony criminal recklessness, and Class A misdemeanors invasion of privacy and domestic battery. The court held that Hall did not demonstrate fundamental error and that the incredible dubiosity rule does not apply.

Constance L. Jones v. Jean L. Markey d/b/a Markey Bonding d/b/a Markey Bonds d/b/a A-AAA Bail Bonds, Inc. (NFP)
02A05-1110-SC-534
Small claims. Affirms an Allen Superior Court judgment for Markey Bonds, holding that the trial court did not err in refusing to order refund of a bail bond, after which the plaintiff’s son was immediately arrested on separate charges.

Steven Kamp v. State of Indiana (NFP)
66A05-1109-PC-485
Criminal. Affirms denial of post-conviction relief for a Pulaski Superior Court conviction and eight-year sentence on a Class C felony charge of child molestation, holding that Kamp failed to prove his counsel failed to investigate or that an investigation would have produced evidence with a reasonable probability of affecting the trial outcome.

Timothy J. Canfield v. State of Indiana (NFP)
15A01-1112-CR-576
Criminal. Affirms a Dearborn Superior Court ruling, holding the court did not abuse its discretion by requiring Canfield, after he violated in-home detention, to serve two years of his sentence for burglary that previously had been suspended.

Joseph A. Taylor v. Commissioner, Indiana Department of Correction, Indiana Parole Board, Keith Butts (NFP)
48A02-1202-PL-163
Civil plenary. Affirms a Madison Circuit Court ruling denying a Pendleton Correctional Facility inmate’s amended complaint, ruling than the plaintiff’s incomplete record on appeal failed to demonstrate prejudice required for a reversible error.


 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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