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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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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