ILNews

Opinions Nov. 18, 2011

November 18, 2011
Keywords
Back to TopE-mailPrintBookmark and Share


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.


 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

ADVERTISEMENT