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Opinions Sept. 9, 2011

September 9, 2011
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7th Circuit Court of Appeals
Autumn Eaton v. Indiana Department of Corrections, Pendleton Juvenile Corrections Facility

10-3214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses judgment of the District Court, finding that sufficient evidence exists to preclude summary judgment in favor of Eaton’s employer, the Indiana Department of Corrections, in her Title VII discrimination claim. Remands to the court for proceedings consistent with the opinion.

In re: Vikram Buddhi
10-3802
U.S. District Court, Northern, District of Indiana, Hammond Division, Judge James T. Moody.
Civil. Denies petition for a writ of mandamus requesting the 7th Circuit Court rescind the District Court’s order requiring money in Buddhi’s prison trust account to be applied to his filing fee and special assessment against him that was part of his sentence. Holds that Buddhi’s appeal from the denial of his motion to reconsider his sentence is being affirmed in a separate order.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Shawnee Construction and Engineering, Inc. v. Don C. Stanley, Jr.
02A04-1010-CT-610
Civil tort. Reverses trial court’s grant of partial summary judgment in favor of Stanley and denial of Shawnee’s summary judgment motion, holding that Shawnee did not contractually assume a duty to Stanley. Remands to the trial court with instructions to grant Shawnee’s summary judgment motion.

Matthew Conder v. State of Indiana
49A02-1012-PC-1404
Post-conviction. Affirms denial of petition for post-conviction relief, holding Conder failed to prove his claims of his counsel’s deficient performance or prejudice.

Martha Sienkowski v. Frederick E. Verschuure
46A03-1101-CT-5
Civil tort. Affirms trial court’s refusal to consider an affidavit from a juror to impeach the jury’s verdict post-trial, holding that regardless of whether the jury verdict was unanimous, it may not be impeached by the testimony or affidavit of the jurors who return it.

Michael Smith v. State of Indiana (NFP)
49A02-1011-CR-1268
Criminal. Affirms conviction of Class D felony resisting law enforcement.

Frances Collins v. Jean Ann Elsfelder (NFP)
82A01-1009-PL-456
Civil plenary. Affirms trial court’s denial of motion to correct error. Reverses allocation of credit card debt and remands to the court to modify distribution of debt amount.

Melvin Bishop v. State of Indiana (NFP)
49A04-1101-CR-1
Criminal. Affirms conviction of Class B felony rape. Reverses conviction of and sentence for Class C felony sexual misconduct with a minor on double jeopardy grounds and remands to the trial court to vacate that conviction and sentence.

James Mason v. State of Indiana (NFP)
71A05-1101-CR-18
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Doris Autry, et al. v. Central Soya Company, Inc., et al. (NFP)
49A02-1102-CT-193
Civil tort. Affirms trial court’s denial of Autry’s request for attorney fees.

Joseph Fairrow v. State of Indiana (NFP)
49A05-1012-CR-765
Criminal. Affirms convictions of Class B misdemeanor disorderly conduct and Class A misdemeanor resisting law enforcement.

Joseph Gardner v. State of Indiana (NFP)
79A02-1011-CR-1286
Criminal. Affirms conviction of Class A felony dealing in a narcotic and associated charges.

Cyrus C. Turpin v. State of Indiana (NFP)
22A01-1012-CR-626
Criminal. Affirms revocation of probation.

Richard K. Orem v. State of Indiana (NFP)
34A02-1106-CR-531
Criminal. Affirms trial court’s order that Orem serve the remainder of his previously suspended sentence for Class D felony strangulation in the Indiana Department of Correction.

Beverly Jinkins v. Cumis Insurance Society, Inc. (NFP)
49A04-1006-PL-371
Civil plenary. Affirms trial court’s grant of summary judgment in favor of Cumis.

In Re the Term. of the Parent-Child Rel. of J.B.and L.B.: T. B. and R.B. v. Indiana Department of Child Services (NFP)
15A04-1103-JT-130
Juvenile. Affirms termination of parental rights for mother and father.

Kara Day v. State of Indiana (NFP)
49A02-1102-CR-104
Criminal. Affirms conviction of Class B misdemeanor battery.

Manuel Rosas v. State of Indiana (NFP)
45A03-1011-CR-607
Criminal. Affirms conviction of and sentence for Class C felony child molesting.

Jose Rodriguez v. State of Indiana (NFP)
49A05-1006-CR-410
Criminal. Affirms conviction of attempted murder and sentence enhancement for acting at the direction of or in affiliation with a gang.

Courtney Arseneau v. State of Indiana (NFP)
49A02-1012-CR-1393
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor criminal mischief.

Shyreeta R. Members v. State of Indiana (NFP)
49A05-1101-CR-12
Criminal. Affirms conviction of Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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