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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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