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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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