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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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