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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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