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Opinions March 13, 2013

March 13, 2013
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7th Circuit Court of Appeals
Kelly S. Thomas v. Dushan Zatecky, superintendent, Pendleton Correctional Facility
13-1136
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Denies Thomas’ request that he be allowed collateral relief to file appeals without regard to the fees required by Section 1913 and the resolutions of the Judicial Conference. Gives Thomas 21 days to file in the 7th Circuit a motion for permission to proceed in forma pauperis and a certificate of appealability. Failure to meet this schedule will result in dismissal for failure to prosecute.

Indiana Supreme Court
Brandy L. Walczak, Individually and on Behalf of Those Similarly Situated v. Labor Works - Fort Wayne LLC, d/b/a Labor Works
02S04-1208-PL-497
Civil plenary. Concludes that Walczak had a reasonable expectation of continuing to receive job assignments from Labor Works on the day she filed her claim, and holds that she was not separated from the payroll for the purpose of the Wage Claims Act and may proceed with her claims as she filed it under the Wage Payment Act.

Indiana Court of Appeals
N.O. v. State of Indiana (NFP)

71A03-1209-JV-409
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class B misdemeanor battery if committed by an adult.

Michael A. Combs v. State of Indiana (NFP)
02A03-1209-CR-393
Criminal. Affirms convictions of and sentence for three counts of Class B felony neglect of a dependent, Class A felony child molesting and Class D felony battery.

Troy Farris v. State of Indiana (NFP)

49A04-1207-CR-372
Criminal. Affirms 180-day sentence imposed following probation violation.

Sedrick J. Grandberry v. State of Indiana (NFP)
02A03-1209-CR-410
Criminal. Affirms sentence for Class D felony criminal trespass.

Tyler Becker v. State of Indiana (NFP)
57A03-1203-CR-124
Criminal. Affirms conviction and sentence for Class A misdemeanor operating while intoxicated.

Joshua D. Huff v. State of Indiana (NFP)

06A01-1208-CR-396
Criminal. Affirms conviction of Class B felony burglary.

Benjamin Mentink v. Karen Downing (NFP)

45A03-1207-PO-332
Protective order. Affirms issuance of protective order against Mentink.

Victoria Anderson v. State of Indiana (NFP)
49A02-1207-CR-603
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

J.A.H. v. State of Indiana (NFP)
71A04-1210-JV-541
Juvenile. Affirms order committing J.A.H. to the Indiana Department of Correction.

Lavern Baltimore v. State of Indiana (NFP)

22A04-1112-PC-652
Post conviction. Reverses denial of petition for post-conviction relief and remands for further proceedings.

Bruce Anderson v. State of Indiana (NFP)
53A05-1209-CR-482
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.

Pat Fleming and Bob Steffan d/b/a Dr. Bob's RV Service v. Santander Consumer USA, Inc. and Gemb Lending, Inc. (NFP)
45A03-1206-PL-249
Civil plenary. Reverses dismissal of complaint to foreclose upon mechanic’s liens and remands for additional proceedings.

The Indiana Tax Court issued no opinions prior to IL deadline.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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