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Opinions March 31, 2011

March 31, 2011
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The following opinion was posted after IL deadline Wednesday:
7th Circuit Court of Appeals
Sarah A. Randall and Rona C. Pepmeier, individually and on behalf of all others similarly situated v. Rolls-Royce Corporation, et al
10-3446
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s denial of motion to intervene. Also affirms denial of class certification, stating plaintiffs’ expert made several errors while alleging that base-pay differential was attributable to discrimination, among them including in the comparison employees hired after the beginning of the complaint period. States Rolls-Royce’s expert shot down plaintiffs’ claim of discrimination in base pay under Title VII by showing that once differences in the jobs performed by male and female employees in each compensation category are corrected for, the sex-correlated difference in base pay disappears.

Today’s opinions
7th Circuit Court of Appeals

Antonio D. Jones v. James Basinger
09-3577
U.S. District Court, Southern District of Indiana, Terre Haute Division, Chief Judge Richard L. Young.
Civil. Remands with instructions to grant writ of habeas petition. Reverses District Court’s affirmation that Jones was not entitled to a habeas petition, citing U.S. Supreme Court’s decision in Crawford v. Washington. States that informant’s double-hearsay against Jones was used as substantive evidence to prove Jones’ guilt, violating his Sixth Amendment rights.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Thomas Dexter v. State of Indiana
79A05-1003-CR-189
Criminal. Affirms conviction of Class A felony neglect of a dependent and determination of habitual offender status, stating expert witness testimony was admissible and jury was properly instructed.

Indiana Dept. of Natural Resources v. Ronald W. Ritz and Sandra J. Ritz
24A01-1009-PL-442
Civil plenary. Reverses trial court’s dismissal, stating Indiana Dept. of Natural Resources’ failure to prosecute in a timely manner resulted in minimal prejudice to the Ritzes. States that Indiana courts have upheld the precept that the state of Indiana’s ownership of property is not subject to statutes of limitation, and that the DNR had a prior recorded deed of ownership for the property. Remands for further proceedings.

Anjanette L. Silvers v. State of Indiana
57A03-1010-CR-562
Criminal. Reverses trial court’s decision to revoke probation, stating trial court failed to properly advise Silvers of her right to counsel, and therefore her decision to waive that right is not valid. Remands for proceedings consistent with appeals court’s decision.

Michael B. Adams v. State of Indiana
29A02-1008-CR-903
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana and court’s decision to suspend Adams’ license and registration. States sufficient evidence existed for conviction, and license and registration suspension were appropriate, pursuant to Indiana Code Section 35-48-4-15.

Kevin R. Ash v. State of Indiana (NFP)
84A01-1009-CR-491
Criminal. Affirms conviction of Class D felony stalking.  

Richard Emmons v. State of Indiana (NFP)
7904-1008-CR-487
Criminal. Affirms trial court’s decision to deny motion for sentence modification.

Terrance Tindall v. State of Indiana (NFP)
49A02-1006-CR-855
Criminal. Affirms conviction of Class D felony dealing in marijuana.

Edward Murrell v. State of Indiana (NFP)
49A02-1002-PC-310
Post-conviction relief petition. Affirms trial court’s denial of petition for post-conviction relief.

Michael Vest v. State of Indiana (NFP)
43A04-1009-CR-603
Criminal. Affirms trial court’s decision to impose maximum sentence for misdemeanor conversion.

Julius Finch v. State of Indiana (NFP)
49A05-1008-CR-496
Criminal. Affirms conviction of Class D felony dealing in marijuana.

Jerry W. Clark v. State of Indiana (NFP)
87A05-1008-CR-572
Criminal. Affirms sentence for Class D felony dissemination of matter harmful to a minor.

Term. of the Parent-Child Rel. of M.W., et al.; A.C. v. I.D.C.S. (NFP)
71A05-1009-JT-655
Juvenile termination of parental rights. Affirms trial court’s order terminating mother’s parental rights to her three children.

Perry Roberson v. State of Indiana (NFP)
49A04-1006-CR-389
Criminal. Affirms trial court’s decision to revoke probation.

Emmett L. White v. State of Indiana (NFP)
49A02-1008-CR-867
Criminal. Affirms trial court’s decision to revoke probation and impose sentence.

Jeffrey L. Watson v. State of Indiana (NFP)
65A01-1008-CR-411
Criminal. Affirms convictions of four counts of Class B felony dealing in methamphetamine.

Joseph P. Holstead v. State of Indiana (NFP)
71A03-1011-CR-623
Criminal. Affirms trial court’s denial of motion for permission to file a belated notice of appeal.

Indiana Department of Natural Resources v. United Minerals Co., LLC (NFP)
26A05-1007-PL-453
Civil plenary. Reverses trial court’s order to vacate notice of violation. Remands to administrative law judge for review.

Roberto S. Campos v. State of Indiana (NFP)
19A01-1008-CR-390
Criminal. Affirms conviction of and sentence for Class A felony attempted murder.

Paternity of B.P.; D.V. v. B.P. (NFP)
79A04-1007-JP-619
Juvenile paternity. Reverses and remands to trial court the calculation of father’s child support obligation, stating court used wrong multiplier. Affirms trial court’s denial of father’s petition regarding use of tax exemption and of initial child support determination.

Jerome Crowder v. State of Indiana (NFP)
09A02-1008-CR-852
Criminal. Affirms sentence for Class C felony operating a motor vehicle while privileges are forfeited for life.

Theodore T. Schwartz v. State of Indiana (NFP)
02A05-1010-CR-714
Criminal. Affirms sentence for Class A felony rape, two counts Class A felony criminal deviate conduct, Class A felony burglary, Class A felony robbery, Class B felony criminal confinement, Class D felony strangulation, and Class D felony auto theft.

Randy Deal v. State of Indiana (NFP)
49A04-1008-CR-505
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Timothy W. Robertson v. State of Indiana (NFP)
27A02-1008-CR-929
Criminal. Affirms trial court’s decision to permit testimony stating Robertson was the robber in a surveillance video.

Indiana Tax Court has posted no opinions as of IL deadline.
 


 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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