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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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