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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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