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Opinions June 3, 2011

June 3, 2011
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7th Circuit Court of Appeals
Maetta Vance v. Ball State University, et al.
08-3568
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment for the defendants and dismissal of discrimination lawsuit, stating the plaintiff failed to prove that her treatment at work was in any way affected by her race, and that the plaintiff did not prove that Ball State University was negligent in taking steps to remediate reported harassment.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
J.H. v. State of Indiana
49A02-1005-JV-560
Juvenile. Reverses and remands with instructions to vacate restitution order. Holds that the juvenile court failed to recognize the state must prove validity of damage estimates and that the court did not adequately investigate J.H.’s ability to pay.

Nicholas Mills v. State of Indiana (NFP)
82A04-1012-CR-741
Criminal. Affirms conviction of Class C felony child molestation.

John Warren v. State of Indiana (NFP)
49A02-1009-CR-997
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor criminal recklessness. Reverses conviction of Class A misdemeanor driving while suspended within ten years of a similar prior infraction and remands with instructions to amend by vacating Class A misdemeanor conviction and entering Class A infraction in its place.

Timmy Todd Zieman v. State of Indiana (NFP)
45A03-1005-CR-230
Criminal. Affirms conviction of Class A felony attempted murder.

Bryan Ward v. State of Indiana (NFP)
49A02-1011-CR-1250
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

C.W. v. State of Indiana (NFP)
49A02-1011-JV-1314
Juvenile. Affirms adjudication as a juvenile delinquent for an act that would be child molesting if committed by an adult

Robert J. Boswell v. State of Indiana (NFP)
49A02-1011-CR-1231
Criminal. Affirms 30-year sentence for Class A voluntary manslaughter.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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