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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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