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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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