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
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
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
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.
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)
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony W. Dalton v. State of Indiana (NFP)
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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.