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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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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