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Opinions May 9, 2012

May 9, 2012
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The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals


Susan Schaefer-LaRose v. Eli Lilly & Co.; James Jirak, et al. v. Abbott Laboratories Inc.
Nos. 10-3855, 11-1980, 11-2131
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a decision that combined cases from District courts in Indiana and Illinois, the court concludes that under the regulations of the Department of Labor, the pharmaceutical sales representatives are classified properly within the administrative exemption to the overtime requirements of the Fair Labor Standards Act. Affirms judgment in favor of Eli Lilly on whether sales reps were entitled to overtime.  

Clifton Sandifer, et. al. v. United States Steel Corporation
10-1821, 10-1866
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Robert L. Miller, Jr.
Civil. Affirms interlocutory appeal from United States Steel Corporation, which claimed that “travel time” for employees to walk from the locker room to their work stations should not be a compensable act. A District court judge had certified that question for interlocutory appeal, but had ruled that the Fair Labor Standards Act does not allow for compensation of changing clothes. The plaintiffs appealed that ruling, and the 7th Circuit affirmed the District court.

Wednesday’s opinions
7th Circuit Court of Appeals posted no opinions by IL deadline.

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

Indiana Court of Appeals

Ashanti Clemons v. State of Indiana
49A02-1108-PC-737
Post conviction. Affirms denial of amended petition for post-conviction relief. Clemons was not denied effective assistance of his trial and appellate counsel.

Halston Thomas v. State of Indiana
49A02-1109-CR-830
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license. The state established that Gordon was unavailable to testify at trial and that Thomas had an opportunity to cross-examine her at the deposition, which was testimonial in nature.

Douglas P. Wilson, Jr. v. State of Indiana
79A05-1107-CR-350
Criminal. Affirms convictions of and sentence for Class B felony dealing in a narcotic drug, Class D felony possession of a narcotic drug, Class A misdemeanor resisting law enforcement, and Class A misdemeanor operating a vehicle while suspended. By abandoning his vehicle after being pulled over by police, Wilson relinquished any reasonable expectation of privacy in it. There is sufficient evidence to support his drug convictions and sentence.

In the Matter of Children Alleged to be Children in Need of Services, D.H. & G.H., and D.B.H. v. The Indiana Dept. of Child Services (NFP)
71A03-1109-JC-425
Juvenile. Affirms determination that children are in need of services.

In Re the Marriage of: Tanya A. (Bennett) Louderback v. Edward L. Bennett (NFP)
58A01-1109-DR-449
Domestic relation. Affirms order granting Bennett’s motion to modify custody, awarding primary custody to Bennett.

Clinton Davis v. State of Indiana (NFP)
48A05-1110-CR-547
Criminal. Affirms denial of fourth motion to correct erroneous sentence.

Henry L. Shell, Jr. v. State of Indiana (NFP)
52A04-1107-CR-370
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Mark Bailey v. State of Indiana (NFP)
49A05-1110-CR-541
Criminal. Affirms conviction of Class D felony possession of cocaine.

Zachary Bowser v. State of Indiana (NFP)

49A02-1107-CR-638
Criminal. Affirms order denying motion to suppress evidence and remands for further proceedings.

Kathryn Gillespie v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1106-EX-539
Agency appeal. Affirms decision that Gillespie is ineligible for unemployment benefits.

Juan Murillo Bravo v. Silvia Bravo and Rancho Bravo, Inc. (NFP)
54A01-1108-PL-354
Civil plenary. Affirms order awarding attorney fees to Rancho Bravo and Silvia Bravo.

C.K. v. Indiana Department of Child Services (NFP)
02A05-1110-JT-593
Juvenile. Affirms involuntary termination of parental rights.

Term. of the Parent-Child Rel. of A.B. and P.B.; E.B. (Mother) v. Indiana Dept. of Child Services (NFP)
35A04-1111-JT-629
Juvenile. Affirms involuntary termination of parental rights.

Robert Allen Barker v. State of Indiana (NFP)
36A01-1109-CR-405
Criminal. Affirms sentence for Class B felony possession of a firearm by a serious violent felon.

Paul T. Dhaenens v. State of Indiana (NFP)
30A01-1111-CR-567
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.


 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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