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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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