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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. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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