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Opinions Oct. 4, 2012

October 4, 2012
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7th Circuit Court of Appeals
Angelina Povey v. City of Jeffersonville, Indiana
11-1896
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Richard L. Young.
Civil. Affirms summary judgment for the city on Povey’s claim that her termination of employment by the city animal shelter violated the Americans with Disabilities Act and on her retaliation claim. Povey failed to meet her burden to demonstrate that she was disabled under the ADA and is not protected by its provisions.

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

Indiana Court of Appeals

In the Matter of Minor Children Alleged to be in Need of Services, T.G., A.G., and D.G., Minor Children; L.E., Mother v. Indiana Dept. of Child Services (NFP)
53A01-1203-JC-130
Juvenile CHINS. Affirms finding children are children in need of services.  

L.D.P. v. State of Indiana (NFP)
71A04-1203-JV-161
Juvenile. Affirms order L.D.P. pay restitution secondary to her adjudication as a delinquent child.

Ryan K. Powell v. State of Indiana (NFP)
19A01-1205-CR-195
Criminal. Affirms revocation of placement in community corrections and revocation of probation.

Ronald A. Bohannon v. State of Indiana (NFP)
28A01-1203-CR-115
Criminal. Affirms post-conviction court did not err in denying claim that Bohannon’s sentence violated prohibitions against double jeopardy, that the state violated I.C. 35-34-1-5(e), and in finding that Bohannon received effective assistance of counsel. Remands to correct his sentence in accordance with the post-conviction court’s determination that his original sentence for Count III was impermissibly enhanced twice.

D.B. v. State of Indiana (NFP)
20A05-1201-PC-18
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon A. Henson v. State of Indiana (NFP)
10A01-1201-CR-013
Criminal. Affirms conviction of Class A felony attempted murder.

David Allen Jones v. State of Indiana (NFP)
10A05-1201-CR-16
Criminal. Affirms conviction of Class A felony attempted murder.

Justine Miller v. Anonymous Healthcare Organization, DOE 1, DOE 2, DOE 3, DOE 4, and DOE 5 (NFP)
49A02-1201-CT-117
Civil tort. Affirms grant of summary judgment in favor of the health care organization on Miller’s claims of slander and infliction of emotional distress.

Melissa Ramos Johnson v. State of Indiana (NFP)
45A03-1203-CR-138
Criminal. Affirms sentence following guilty plea to Class B felonies aggravated battery and neglect of a dependent.

Thomas Carr v. State of Indiana (NFP)
15A01-1202-CR-67
Criminal. Affirms sentence for two counts of Class B felony robbery while armed with a deadly weapon and two counts of possession of a firearm by a serious violent felon.

Marcel D. Johnson v. State of Indiana (NFP)
45A05-1201-CR-28
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class A misdemeanor possession of marijuana.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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