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Opinions June 9, 2014

June 9, 2014
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The following opinions were posted after IL deadline June 6:
7th Circuit Court of Appeals

Matthew Whitfield v. International Truck and Engine Corp.
13-1876
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms in part and reverses in part ruling in favor of International Truck and Engine Corp. on Whitfield’s action alleging discrimination in failure to hire and violations of the Civil Rights Act. The District Court ignored some evidence or made conclusions not supported by the evidence. Remands for further proceedings.

Indiana Tax Court
Housing Partnerships, Inc. v. Tom Owens, Bartholomew County Assessor
49T10-1005-TA-23
Tax. Affirms Indiana Board of Tax Review’s holding that for the 2006 tax year, Housing Partnerships Inc. failed to show that its rental properties qualified for the charitable purposes exemption provided in I.C. 6-1.1-10-16. Housing Partnerships has not demonstrated that the final determination is arbitrary, capricious, an abuse of discretion or contrary to the law.

June 9
Indiana Court of Appeals

Michael Dustin Moore v. State of Indiana (NFP)
47A01-1308-CR-350
Criminal. Affirms conviction of Class B felony dealing in a Schedule I controlled substance.

Jarod G. Allred v. State of Indiana (NFP)
65A01-1309-CR-393
Criminal. Reverses two convictions of Class B felony dealing in a Schedule III controlled substance. Judge Bailey dissents.

Nathaniel Baston v. State of Indiana (NFP)
85A05-1311-CR-559
Criminal. Affirms revocation of probation.

In the Matter of the Adoption of H.S. and D.S., R.S. v. V.C. and M.C. and D.S. and S.S. (NFP)
85A02-1311-AD-996
Adoption. Affirms order granting petitions to adopt H.S. and D.S.

In the Matter of Commitment of E.L., E.L. v. Indiana University Health-Bloomington Hospital and Terri Klingelhoefer, MA, LSW (NFP)
53A05-1311-MH-571
Mental health. Dismisses appeal of temporary involuntary commitment since the commitment ended Jan. 13.

Bageera Taylor, Jr. v. State of Indiana (NFP)
76A04-1307-CR-328
Criminal. Reverses sentence for Class D felonies strangulation and residential entry and remands for further proceedings. Judge Robb dissents.

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions Monday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Monday before IL deadline.

 

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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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