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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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