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Opinions Nov. 29, 2010

November 29, 2010
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7th Circuit Court of Appeals
American Bank v. City of Menasha, et al.
10-1963
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Reverses judgment granting a stay requested by Menasha to give American Bank certain records available pursuant to Wisconsin’s Public Records Law. The bank, a plaintiff in a class-action suit charging the city violated federal securities law, requested the documents after the suit was filed. The stay is not a stay of a discovery order and can only be an injunction; only a stay of discovery is authorized by the Securities Litigation Uniform Standards Act of 1998.

Louquetta O’Connor-Spinner v. Michael Astrue, Commissioner of Social Security
09-4083
U.S. District Court, Southern District of Indiana, New Albany Division, Judge David F. Hamilton.
Civil. The administrative law judge’s hypothetical did not supply the vocational expert with information adequate to determine whether O’Connor-Spinner could perform jobs in the national economy. The ALJ also did not address potentially important evidence that she has difficulty taking instructions and responding appropriately to supervisors. Remands for further proceedings.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Donnie Salyer v. State of Indiana
75A05-1003-CR-164
Criminal. Affirms denial of Salyer’s motion to suppress evidence obtained during a search of his residence. The incorrect address information on the warrant did not invalidate it because the executing officer knew the precise location of Salyer’s home, prepared the search warrant and accompanying affidavit, and executed the search warrant.

Walker Whatley v. State of Indiana
49A02-1007-CR-839
Criminal. Affirms dismissal of motion for re-trial under Indiana Trial Rule 60(B). Based upon Whatley’s motion and the dates of his attached documents, he didn’t demonstrate that the alleged newly discovered evidence could not have been discovered by due diligence in time for him to move for a motion to correct error under Rule 59.

S.D. v. State of Indiana
49A02-1004-JV-442
Juvenile. Reverses adjudication for what would be Class C felony child molesting if committed by an adult. The juvenile court erred by admitting S.D.’s confession because he had not been given meaningful consultation with his guardian as required by Indiana’s juvenile waiver of rights statute.

John D. Hemmings v. State of Indiana (NFP)
63A01-1003-CR-162
Criminal. Affirms conviction of and sentence for Class B felony sexual misconduct with a minor.

John V. Guthrie, Jr. v. State of Indiana (NFP)
45A03-1003-CR-166
Criminal. Affirms convictions of Class A felony child molesting and Class C felony child molesting.

James M. Sampson v. State of Indiana (NFP)
49A02-1003-CR-355
Criminal. Affirms sentence for Class D felony residential entry.

Rafael A. DeJesus v. State of Indiana (NFP)
20A03-1002-CR-95
Criminal. Affirms convictions of Class A felony dealing in cocaine.

Michael Nuckols v. State of Indiana (NFP)
49A02-1002-CR-202
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Travis W. Jackson v. State of Indiana (NFP)
33A04-1006-CR-398
Criminal. Dismisses appeal of validity of guilty plea to Class D felony stalking and Class A misdemeanor resisting law enforcement.

Bruce D. Seal v. Lori L. Seal (NFP)
48A04-0912-DR-750
Domestic relation. Affirms awarding attorney’s fees to Lori but reverses awarding a pension plan solely to Lori. Remands for further proceedings.

Paternity of F.B.; P.B. v. J.M. (NFP)
55A04-1006-JP-360
Juvenile. Reverses finding that P.B. was in contempt and remands with instructions to vacate its original order in this regard. Affirms modified support order reducing his support obligation to $54 per week. The trial court did not abuse its discretion in imputing a $400 a week income to the father based on his previous income of $470 a week.

Cody Lewellen and Cody Dallas v. Brandon Cessna (NFP)
80A05-1005-CT-330
Civil tort. Affirms denial of Lewellen’s Indiana Trial Rule 60(B) motion to set aside default judgment in a personal injury action filed by Cessna.

Eric Hall v. State of Indiana (NFP)
49A05-1003-CR-244
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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