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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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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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