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Opinions Dec. 10, 2014

December 10, 2014

The following 7th Circuit Court of Appeal opinion was posted after IL deadline Tuesday:
Robert D. DeLee v. City of Plymouth, Indiana
14-1970
U.S. District Court, Northern District of Indiana, Judge James T. Moody.
Civil. Reverses summary judgment in favor of the city on police officer DeLee’s lawsuit that he is entitled to his full longevity payment from the city for the year he served in the U.S. Air Force Reserves for eight months. Plymouth’s longevity benefit is more appropriately characterized as a reward for lengthy service rather than as compensation for work performed the preceding year, so the Uniformed Services Employment and Reemployment Rights Act guarantees DeLee a fully longevity payment for his 12th year of employment. Remands for further proceedings.

Wednesday’s opinions
7th Circuit Court of Appeals

Diane M. Ripberger v. Corizon Inc.
13-2070
U.S. District Court, Southern District of Indiana, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Corizon on Ripberger’s claims of sex and age discrimination and retaliation after she lost her job as a substance abuse counselor for the Department of Correction when Corizon contracted with the DOC to provide counseling for prisoners.  Her evidence of sex discrimination is too thin to permit a reasonable factfinder to conclude she was not offered a position by Corizon because of her sex, and she has no evidence she was not hired based on her age.

Indiana Supreme Court
William A. Parks v. State of Indiana
79S04-1412-CR-730
Criminal. Revises Parks’ sentence of 40 years for Class A felony dealing in methamphetamine. Finds a more appropriate sentence to be 30 years, with 20 years in the Department of Correction, two years through the Tippecanoe County Community Corrections, and eight years suspended to probation. Justices Dickson and Massa dissent.

Indiana Court of Appeals
Paul Phillips v. State of Indiana
49A02-1402-CR-86
Criminal. Affirms conviction of Class A felony child molesting. There was sufficient evidence to support the trial court’s decision to give the voluntary intoxication instruction, Phillips was not denied the right to an impartial jury and a fair trial, and the prosecutor did not engage in misconduct amounting to fundamental error during closing argument.

Donta Legg v. State of Indiana
49A02-1404-CR-279
Criminal. Affirms 55-year sentence for felony murder and Class A misdemeanor carrying a handgun without a license. The trial court did not abuse its discretion in declining to sentence Legg under the alternative sentence scheme available for juveniles waived into adult court.

James McCauley v. State of Indiana
84A01-1405-CR-219
Criminal. Affirms revocation of probation. The revocation of McCauley’s information probation does not contravene the logic and facts before the court, including McCauley’s multiple convictions for alcohol-related offenses and failure to pay home dentition program fees.

Christopher Martin v. State of Indiana (NFP)
49A02-1404-CR-278
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

In Re: The Marriage of Harris, Angela Harris v. Eric Harris (NFP)
02A03-1403-DR-86
Domestic relation. Reverses contempt findings, sanctions imposed and suspension of Angela Harris’ parenting time.

Kaylee L. Hueston v. Thomas C. Hueston (NFP)
32A04-1408-DR-392
Domestic relation. Affirms Thomas Hueston’s parenting time. Remands for the trial court to hold an evidentiary hearing regarding the parties’ income, which party carries the child on his/her health insurance and the cost of that coverage, and adjust the number of Thomas Hueston’s overnights to correspond to the parenting time order. Court also needs to hold a hearing on what party can claim a tax exemption for the child.

In the Matter of the Paternity of K.B.: B.C. v. K.B. (NFP)
45A04-1404-JP-199
Juvenile. Vacates order that modified previous child custody order and awarded full legal and physical custody to father. Remands for full evidentiary hearing.

Pedro Vicente v. State of Indiana (NFP)
12A04-1403-CR-133
Criminal. Affirms conviction of Class A felony child molesting.

Michael D. Williams v. State of Indiana (NFP)
49A04-1403-CR-137
Criminal. Affirms convictions for Class A felony rape, Class B felony criminal deviate conduct and Class A misdemeanor carrying a handgun without a license.

Xavier T. Heckstall v. State of Indiana (NFP)
29A05-1406-CR-258
Criminal. Affirms conviction of Class D felony identity deception.

Jeffrey Reel v. State of Indiana (NFP)
05A02-1405-CR-337
Criminal. Reverses restitution order of $1,364 and remands for further proceedings. Affirms three-year sentence for Class D felony theft.

William M. Hedrick v. State of Indiana (NFP)
41A01-1403-CR-131
Criminal. Affirms convictions of Class D felony invasion of privacy and Class B misdemeanor harassment.

Jeton Hall v. State of Indiana (NFP)
82A05-1402-CR-90
Criminal. Affirms sentence for Class A felony burglary, Class B felony criminal confinement and Class D felony theft.

Thomas Derrow v. State of Indiana (NFP)
29A02-1405-CR-312
Criminal. Affirms conviction of Class D felony operating a vehicle with an alcohol concentration of 0.15 or more with a prior conviction within five years.
 

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