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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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