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Opinions Sept. 8, 2010

September 8, 2010
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7th Circuit Court of Appeals
Letecia D. Brown v. Automotive Components Holdings, LLC and Ford Motor Co.
09-1641
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment dismissing Brown’s FMLA claim following her termination from Ford. The undisputed facts show Brown was absent without leave after failing to give proper FMLA notice for an extension of a previously requested leave period.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gregory Carter v. State of Indiana
32A01-0911-CR-539
Criminal. Affirms conviction of robbery resulting in bodily injury as a Class B felony but reverses conviction of theft as a Class D felony due to double jeopardy. The trial court did not abuse its discretion when excluding Wal-Mart’s loss-prevention policy and there was no prosecutorial misconduct during voir dire.

Department of Waterworks for the Consolidated City of Indianapolis v. Community School Corp. of Southern Hancock County
93A02-1002-EX-218
Civil. Affirms Indiana Utility Regulatory Commission’s decision in favor of the school allowing it to install a service pipe in lieu of a water main extension. The IURC properly determined that the water company’s rules do not preclude the school from connecting its new building to an existing water main, and the judges found no other error. Judge Riley dissents.

James Ricketts v. First Horizon Home Loans, et al. (NFP)
49A02-0911-CV-1083
Civil. Affirms denial of motion to correct errors and motion for final judgment.

Robert J. Egierski v. Caterina M. Sergio-Sniadecki (NFP)
71A03-1002-DR-149
Domestic relation. Affirms denial of Egierski’s motion to modify the joint legal custody of his son to sole legal custody to father.

Jack M. Estes, II v. State of Indiana (NFP)
29A02-1003-CR-320
Criminal. Affirms conviction of dealing in a Schedule III controlled substance as a Class B felony.

Timothy P. Treacy v. State of Indiana (NFP)
49A02-0910-CR-1031
Criminal. Affirms convictions of operating while intoxicated as a Class D felony and public intoxication as a Class B misdemeanor.

Steven Griggs v. Steve Querry (NFP)
34A02-1003-SC-287
Small claim. Affirms judgment in favor of Querry for $3,970.31 in damages suffered by Querry.

Michael Powell v. State of Indiana (NFP)
84A03-0912-CR-589
Criminal. Affirms revocation of probation.

Lambert C. Genetos, et al. v. Andrew J. Kopko (NFP)
64A05-0912-CV-680
Civil. Reverses judgment entered on the arbitrators’ original award rather than their amended award and remands.

Gerald M. Mitchell v. State of Indiana (NFP)
49A02-1003-CR-376
Criminal. Affirms denial of motion to remove sexually violent predator status.

Joseph M. Sipe v. Laurie L. Sipe (NFP)
32A01-1001-DR-83
Domestic relation. Affirms recalculation of the depreciation of Joseph’s business equipment for purposes of his 2006 income for child support purposes. Affirms valuation and assignment of the cattle and Laurie’s property. Reverses decision to exclude the value of the three horses from the marital estate. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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