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Opinions Nov. 1, 2011

November 1, 2011
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7th Circuit Court of Appeals
Rose Acre Farms Inc. v. Columbia Casualty Co. and National Fire Insurance Co. of Hartford
11-1599
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment for the insurers on whether they have to defend Rose Acre Farms in the antitrust complaint. The suit for which Rose Acre wants a defense makes no claim that the policy could be thought to cover.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kenny D. Lee v. State of Indiana
71A03-1103-CR-118
Criminal. Reverses conviction of Class A felony possession of cocaine. The portion of the warrant allowing for the search of all vehicles is invalid because of vague language, so all evidence seized pursuant to the invalid language – in this case, Lee’s statements to police after a traffic stop – must be suppressed. The evidence also doesn’t support that Lee knew of the cocaine and had the ability to control it.

P.M.T., Inc. v. Review Board of the Indiana Dept. of Workforce Development and L.A.
93A02-1105-EX-389
Agency appeal. Affirms award of unemployment insurance benefits to L.A. Employer P.M.T.’s attendance policy was unreasonable because it didn’t provide exemptions for verified emergencies nor did it protect employees. L.A.’s absences were the results of circumstances beyond her control.

Term. of Parent-Child Rel. of A.D., A.W.D., A.M.D., and A.L.D.; M.A.P. v. Indiana Dept. of Child Services (NFP)
50A03-1103-JT-98
Juvenile. Affirms termination of parental rights.

Nexus D. Turner v. State of Indiana (NFP)
45A03-1103-CR-96
Criminal. Affirms three-year sentence for Class C felony robbery.

Robert D. Brown v. State of Indiana (NFP)
10A01-1011-CR-663
Criminal. Affirms conviction of and sentence for Class B felony attempted dealing in methamphetamine. Remands for vacation of Class D felony possession of methamphetamine conviction because it was merged without being vacated.

Michael A. Maxie v. State of Indiana (NFP)
20A03-1103-CR-117
Criminal. Affirms conviction of and sentence for battery on a pregnant woman as a Class C felony and Class A misdemeanor interference with reporting a crime.

Ivernon D. Wiseman, Jr. v. State of Indiana (NFP)
45A03-1103-CR-83
Criminal. Affirms 16-year and eight-month sentence for Class C felony criminal confinement, Class D felony residential entry and Wiseman’s habitual offender status.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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