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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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

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