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Opinions May 21, 2012

May 21, 2012
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Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

7th Circuit Court of Appeals

Kristi J. Cortezano v. Salin Bank & Trust Company

United States District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
11-1631
Civil. Affirms District court’s grant of summary judgment in favor of Salin Bank & Trust Company, holding the bank did not violate Cortezano’s rights by firing her due to her husband’s immigration status. Remands to the District Court to strike from the record the names of Cortezano’s three children, as the District Court had not previously ruled on that motion.

Plumbers and Pipefitters Local Union 719 Pension Fund and Carpenters Pension Fund of West Virginia v. Zimmer Holdings, Inc.; David C. Dvorak; and James T. Crines
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
No. 11-1471
Civil. Affirms District court’s determination that plaintiffs failed to prove Zimmer knowingly misrepresented information. Holds that Zimmer had issued a statement acknowledging that its Durom Cup hip socket orthopedic device was difficult to implant and that further training or revised instructions may be necessary. Therefore, the plaintiffs did not prove that Zimmer misrepresented the reason for high failure rates that one surgeon reported three months after Zimmer issued its statement.

Indiana Court of Appeals
Dante Adams v. State of Indiana
15A01-1110-MI-537
Miscellaneous. Holds that while the state failed to provide notice of forfeiture to Adams, the error was not harmful and is not reversible. Affirms the trial court’s order transferring $25,000 in cash seized from Adams to federal authorities.

Wayne A. Moorefield v. State of Indiana (NFP)
85A02-1112-CR-1149
Criminal. Affirms sentence for Class D felony non-support of a dependant child.

James Pierce, Jr. v. State of Indiana (NFP)
48A02-1108-CR-809
Criminal. Affirms sentence for Class C felony burglary and possession of a firearm by a serious violent felon.

Johnathon Gregg v. State of Indiana (NFP)
49A05-1111-CR-566
Criminal. Affirms conviction of Class B felony burglary.

James Gerald v. State of Indiana (NFP)
20A05-1108-CR-413
Criminal. Affirms conviction of Class B felony robbery and sentence, enhanced by a habitual offender adjudication.

Sally G. Leonard and Indiana Farm Bureau Insurance, as Subrogee of Sally G. Leonard v. Brandon Vickers, and Weaver Heating & Cooling, Inc. (NFP)
71A03-1110-CT-483
Civil tort. Affirms trial court’s grant of motion to strike a document from evidence in favor of appellee.

Alex Gregory Robertson v. State of Indiana (NFP)
71A05-1109-CR-538
Criminal. Affirms conviction of felony murder.

Kenneth E. Russell v. State of Indiana (NFP)
28A01-1112-CR-559
Criminal. Affirms sentence for two counts of Class B felony battery.

Cassy Henry v. State of Indiana (NFP)
49A02-1110-CR-921
Criminal. Affirms revocation of probation.

Brett Lyle Rork v. State of Indiana (NFP)
79A02-1110-CR-973
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Julio Chavez v. State of Indiana (NFP)
49A02-1110-CR-899
Criminal. Affirms revocation of probation and court’s order that Chavez serve remaining two years of sentence.

Monwell Douglas v. State of Indiana (NFP)
34A04-1107-PC-388
Post conviction. Affirms 60-year sentence for murder, holding Douglas was not subject to ineffective assistance of counsel.

Richard E. Stanbrough v. Bank of America National Assn. as Successor by Merger to LaSealle Bank National Assn., et al. (NFP)
32A01-1112-MF-577
Mortgage foreclosure. Affirms trial court’s grant of summary judgment in favor of Bank of America National Association.

Buster Joel Toschlog v. State of Indiana (NFP)
Criminal. Affirms trial court’s determination that Buster Joel Toschlog is a credit-restricted felon.
18A02-1110-CR-958

Christopher D. Richardson v. State of Indiana (NFP)
45A04-1109-CR-501
Criminal. Vacates conviction of Class C felony battery by means of a deadly weapon, citing double jeopardy grounds. Affirms convictions for Class B felony aggravated battery and Class C felony battery resulting in serious bodily injury.

Joseph Jesse Clark Smith v. State of Indiana (NFP)
27A05-1108-CR-415
Criminal. Affirms convictions of and sentences for Class A misdemeanor criminal trespass, Class A misdemeanor intimidation and two counts of Class D felony theft.

Demetrus Weems v. State of Indiana (NFP)
05A05-1109-CR-513
Criminal. Affrims conviction of and sentence for Class D felony theft.

 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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