7th Circuit Court of Appeals
John M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Theresa L. Springmann.
Order. Petition for rehearing en banc is denied. Panel previously reversed District Court’s finding that Stephenson received ineffective assistance of counsel because the attorney didn’t object to Stephenson’s wearing a stun belt in court. Judges Rovner, Williams, and Hamilton dissent.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Indiana Spine Group, P.C. v. International Entertainment Consultants
Civil. Reverses dismissal of Indiana Spine Group’s application for adjustment of claim with the Worker’s Compensation Board. Indiana Code Section 22-3-3-3 doesn’t apply to Indiana Spine’s claim. Remands for further proceedings.
Orlando Quezare v. Byrider Finance, Inc.
Civil plenary. Affirms summary judgment for Byrider Finance on Quezare’s suit that his bonus payments were “wages” under the Wage Payment Statute and Byrider violated the statute by not paying him his bonuses within 10 days of the date they were earned. The bonuses were not wages for the purposes of the statute because they were not directly related to the amount of time Quezare worked, were not necessarily paid regularly, and the bonus program was discretionary.
Alexander Orta v. State of Indiana
Criminal. Affirms convictions of and sentence for felony murder, Class A misdemeanor operating a vehicle with a controlled substance in the blood, and Class C felony failure to stop at the scene of an accident resulting in death of another person. The trial court acted within its discretion with regard to each of Orta’s alleged errors, the trial court properly applied the Indiana Supreme Court’s opinion in Sanchez, and Orta’s sentence is appropriate.
Christopher Brian Neal v. State of Indiana (NFP)
Criminal. Affirms convictions of and aggregate 65-year sentence for felony murder and Class B felony robbery.
Nanci Lacy v. State of Indiana (NFP)
Local ordinance violation. Affirms permanent injunction order impounding any animal Lacy owned and prohibiting her from owning or keeping an animal in Marion County.
Gregory Withers, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony nonsupport of a child.
Term. of Parent-Child Rel. of N.J.; J.J. and A.D. v. I.D.C.S., St. Joseph County office (NFP)
Juvenile. Affirms involuntary termination of parental rights.
Douglas P. Johnson v. State of Indiana (NFP)
Criminal. Affirms denial of motion to sever child molesting charges from sexual misconduct with a minor charges.
Jay F. Vermillion v. Indiana State Prison Disciplinary Body and Westville Control Unit (NFP)
Small claims. Affirms grant of motion to dismiss Vermillion’s complaint alleging his disciplinary sanction and the confiscation of his television were in violation of Department of Correction policy.
Indiana Tax Court had posted no opinions at IL deadline.