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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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