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Opinions May 8, 2013

May 8, 2013
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7th Circuit Court of Appeals
Terri Basden v. Professional Transportation Inc.
11-2880
U.S. District Court, Southern District of Indiana, Evansville Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Professional Transportation on Basden’s claim she was terminated in violation of the Americans with Disabilities Act or the Family and Medical Leave Act. Basden failed to present evidence sufficient to establish a prima facie right to the protection of the ADA or FMLA.

United States of America v. Tyrone Reynolds
12-1206
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms a four-level leadership adjustment in the sentencing guidelines calculations for Reynold’s role in a kidnapping because sufficient evidence supports the adjustment. Holds the “ransom demand” provision requires, at a minimum, that the ransom demand be “made” to a third party. Reverses six-level increase for the ransom demand. Because nothing in the record suggests such a demand was made, the judges vacate Reynold’s life sentence and remands for resentencing.

Indiana Court of Appeals
Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Delta, Beta Psi Chapter of Delta Tau Delta, Wabash Col., et al
54A01-1204-CT-169
Civil tort. Holds that the trial court abused its discretion by admitting certain paragraphs of Delta Tau Delta’s executive vice president James Russell’s affidavit and by admitting two unsworn, unverified and uncertified statements. Finds that the trial court erred in granting Delta Tau Delta’s motion for summary judgment as there is a genuine issue of material fact that an agency relationship existed between the national fraternity and its local chapter, and the national fraternity assumed a duty to protect its freshmen pledges. Remands for further proceedings. Judge Baker concurs in parts and dissents in part.

Michael E. Lyons, Denita L. Lyons, individually and as Co-Personal Representatives of the Estate of Megan Renee Lyons, Deceased v. Richmond Community School Corp. d/b/a Richmond High School; Joe Spicer; et al.
89A04-1204-PL-159
Civil plenary. Holds summary judgment for the school was inappropriate on the Lyonses’ claims under the Indiana Tort Claims Act because when their cause of action accrued remains a question of fact, as does the issue of contributory negligence. Affirms there are no genuine issues of material fact on the couple’s claims of fraudulent concealment and on their Section 1983 claims. Affirms grant of motion to quash the Lyonses’ third-party discovery requests against RCSC’s insurer. Chief Judge Robb concurs in part and dissents in part.

Robert Graber, Jr. and Barbara Graber v. Allen County, Indiana Building Department (NFP)

02A05-1209-MI-485
Miscellaneous. Reverses grant of the building department’s motion to dismiss a verified complaint and remands for further proceedings.

In the Matter of the Term. of the Parent-Child Rel. of: E.M. & El.M. and E.M. v. The Indiana Dept. of Child Services (NFP)
45A03-1208-JT-370
Juvenile. Reverses termination of parental rights.

John A. Schmidt v. Karen Elaine Schmidt Denton (NFP)
34A02-1207-DR-579
Domestic relation. Reverses the trial court to the extent that it failed to make father’s child support modification retroactive to the filing of the petition and concluded that father would be responsible for 17 weeks of child support. Remands with instructions to credit a total of $2,814 against father’s college expense obligation. In all other respects, we affirm the trial court.

Robert Bowen v. State of Indiana (NFP)
08A04-1206-CR-305
Criminal. Affirms convictions of Class D felony possession of a controlled substance and Class A misdemeanor possession of paraphernalia.

Michael Edward Groves v. State of Indiana (NFP)

82A01-1208-CR-386
Criminal. Affirms convictions of two counts of Class A felony dealing in methamphetamine and aggregate sentence of 20 years.

Ashley N. Lawrence v. State of Indiana (NFP)
92A04-1211-CR-597
Criminal. Reverses revocation of probation and sentence imposed. Remands for further proceedings.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. 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?

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  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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