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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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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