ILNews

Opinions Nov. 18, 2011

November 18, 2011
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
FedEx Ground Package System, Inc. v. United States Judicial Panel on Multidistrict Litigation
11-2438
Petition for a Writ of Mandamus to the United States Judicial Panel on Multidistrict Litigation, MDL No. 1700
Denies petition for the extraordinary writ of mandamus, holding that the petitioner failed to show that it has a clear and indisputable right to issuance of the writ.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

David Marks and Karen Marks v. Northern Indiana Public Service Company
45A05-1011-CT-675
Civil tort. On petition for rehearing, affirms original decision in all respects, holding that the semi-trailer from which David Marks fell was owned by a subcontractor of a general contractor, and therefore Northern Indiana Public Service Co. is not liable for the accident.

Alesha Houston and Donna Gruzinsky v. State of Indiana
49A02-1101-CR-77
Criminal. Affirms Houston’s and Gruzinsky’s convictions of Class B misdemeanor failure to ensure school attendance, holding that the attendance officer at the schools were legally required to prepare and file referral records as part of the proceedings in Gruzinsky’s case, and that regardless of whether Houston’s lawyer had objected to the admission of hearsay documents, the objection would not have been sustained.

Jose J. Martinez v. State of Indiana (NFP)
20A03-1101-PC-139
Post conviction. Affirms denial of petition for post-conviction relief.

Becky Melton v. Michael Melton (NFP)
71A03-1105-DR-217
Domestic relation. Affirms trial court’s order denying in part and granting in part Becky Melton’s motion to correct error, holding the court did not abuse its discretion in its division of property.

Tracy D. Miller v. State of Indiana (NFP)
48A05-1102-CR-75
Criminal. Affirms aggregate sentence of 20 years for Class B felony armed robbery, Class D felony pointing a firearm and associated charges.

Becky Jayne Wells v. State of Indiana (NFP)
65A04-1012-CR-798
Criminal. Affirms convictions for Class A felony dealing in methamphetamine and Class C felony possession of methamphetamine.

Michael Ratliff v. State of Indiana (NFP)
45A03-1104-CR-127
Criminal. Affirms executed sentence for Class C felony possession of a controlled substance.

Patricia Abram v. State of Indiana (NFP)
49A04-1103-CR-122
Criminal. Affirms sentence for Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.


 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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