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Opinions Nov. 4, 2013

November 4, 2013
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7th Circuit Court of Appeals
Christian Serino v. Alec Hensley and City of Oakland City, Indiana
13-1058
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms dismissal of Serino’s lawsuit for federal claims of false arrest and malicious prosecution and Indiana tort claims for false arrest, malicious prosecution and intentional infliction of emotional distress. Serino’s claims are time-barred; his federal malicious prosecution claim failed to state a constitutional violation independent of his time-barred false arrest claim, and his state law claims for malicious prosecution and IIED were barred by the defendants’ immunity under the Indiana Tort Claims Act.

Indiana Court of Appeals
Claire's Boutiques, Inc. v. Brownsburg Station Partners LLC
32A01-1209-CC-438
Civil collections. Reverses a ruling in favor of Brownsburg Station, holding that the trial court erred when it denied Claire’s motion for summary judgment. Claire’s was allowed under a co-tenancy provision of its lease to terminate the agreement if vacancy rates in certain buildings fell below 70 percent. The trial court erred when it determined that Claire’s violated the lease because the total amount of relevant space vacant was not below 70 percent. Remanded to the trial court with instructions to grant summary judgment in favor of Claire’s.

Gregory A. Harris v. State of Indiana
39A05-1205-CR-239
Criminal. On rehearing, affirms its prior ruling upholding the trial court’s denial of a motion to dismiss a charge of sexual misconduct with a minor on which a jury was hung based on the same facts constituting a rape charge on which Harris was acquitted. Also reaffirms the trial court’s denial of the state’s motion to amend the charging information against Harris. The court declined to find double-jeopardy violations as a result of the Indiana Supreme Court’s decision in Garrett v. State, 992 N.E.2d 710 (Ind. 2013).

Robert M. King v. State of Indiana (NFP)
20A03-1303-CR-105
Criminal. Affirms convictions of three counts of criminal confinement, Class B felonies.

The Indiana Supreme Court and the Indiana Tax Court released no opinions by IL deadline.
 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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