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Opinions Oct. 11, 2012

October 11, 2012
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7th Circuit Court of Appeals
Edward Jeroski, doing business as USA Cleaning Service and Building Maintenance v. Federal Mine Safety and Health Review Commission and U.S. Secretary of Labor
11-3687
Agency review. Denies USA Cleaning’s petition to review the order of the Federal Mine Safety and Health Review Commission, which affirmed the denial of an application for attorney fees under the Equal Access to Justice Act. The meaning of “prevailing party” under the act does not apply to USA Cleaning, which was the subject of an order by the Federal Mine Safety and Health Administration that was later dropped.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

William A. Boyd and Janice Ann Boyd v. State of Indiana
28A01-1203-PL-108
Civil plenary. Affirms the state’s taking of the Boyds’ property for use in constructing Interstate-69 in southwest Indiana. None of the Boyds’ claims are reviewable in eminent domain proceedings.

David E. Lyons v. State of Indiana
76A03-1112-CR-582
Criminal. Affirms convictions of five counts of Class A felony child molesting. The requirements of Evidence Rule 702 were satisfied and the admission of Dr. Judith Williams’ testimony did not constitute error or a fundamental error.

Andrew Machi v. State of Indiana (NFP)
36A04-1203-CR-166
Criminal. Affirms revocation of probation.

Daniel Crabtree v. State of Indiana (NFP)
15A01-1203-CR-131
Criminal. Affirms sentence imposed after Crabtree’s probation for Class C felony child molesting was revoked.

Matthew Bryant v. State of Indiana (NFP)
03A01-1110-CR-496
Criminal. Reduces Bryant’s conviction of Class C felony battery to a Class B misdemeanor and remands for resentencing, which will have no effect on his aggregate 93-year sentence. Affirms remaining convictions of Class A felony burglary, two counts of Class B felony criminal confinement, and two counts of Class C felony intimidation.

Shellie P. App v. William App, Jr. (NFP)
67A01-1203-DR-99
Domestic relation. Finds trial court erred by entering a post-secondary educational expense order in the absence of a worksheet or its own findings and conclusions and by failing to specify which parent should claim the child as a dependent for tax purposes. Affirms in all other respects. Remands with instructions.

John Tompkins v. State of Indiana (NFP)
49A04-1111-CR-690
Criminal. Affirms conviction of Class A felony burglary and status as a habitual offender.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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