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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. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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