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Opinions Sept. 2, 2011

September 2, 2011
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7th Circuit Court of Appeals
Gary Williams and Nancy Meehan v. Rohm and Haas Pension Plan
10-1978, 10-2175, 10-3713
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms $180 million settlement and approval of $43.5 million in attorney fees. The District Court adequately addressed the expected value of the early retirees’ claims. The District Court did not abuse its discretion by not creating a separately represented subclass of early retirees. The 7th Circuit sees no reason to disturb the District Court’s assessment of attorney fees.

United States of America v. Jake Richardson III
11-1205
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Criminal. Richardson has not shown that the District Court erred by admitting the physical evidence found on him after a traffic stop or by admitting evidence of the statements Richardson volunteered to police.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James Daher v. Mark Sevier
52A04-1103-MI-150
Miscellaneous. Affirms dismissal of prisoner Daher’s request for a temporary restraining order. Daher’s complaint about the jumpsuits falls so far below the Eighth Amendment threshold of cruel and unusual punishment that it can be fairly characterized as a trivial complaint in that context.

Kirby D. Edwards v. State of Indiana
18A02-1102-CR-118
Criminal. Affirms determination that Edwards is a sexually violent predator. The trial court, after weighing the doctors’ reports and testimony, considering the presentence investigation report, and finding that Edwards also had a lack of remorse, did not abuse its discretion in determining he should be classified as a SVP. Also, Ind. Code 35-38-1-7.5(e) does not require that the doctors who evaluate a defendant conduct the evaluations separately.  

Visitation of P.V.D. and P.I.D.; P.M. v. K.B.
45A03-1102-JM-79
Juvenile. Reverses denial of mother P.M.’s request that the trial court set aside its previous order granting maternal grandmother K.B. visitation with P.M.’s minor children. The trial court erroneously denied P.M.’s request for relief from the default judgment. Lake County was not the proper venue for the grandmother’s petition. Remands with instructions to rescind the previous order granting K.B. visitation with the children under the Grandparent Visitation Act.

Anthony Wheeler v. State of Indiana (NFP)
49A02-1101-PC-22
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony W. Dalton v. State of Indiana (NFP)
20A03-1101-CR-26
Criminal. Affirms sentence following guilty plea to Class C felony battery and Class B misdemeanor public intoxication.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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