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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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