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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 Affirms sentence imposed after Crabtree’s probation for Class C felony child molesting was revoked.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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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