Opinions April 18, 2016

Keywords neglect / Opinions

These 7th Circuit Court of Appeals decisions were issued after IL deadline Friday:
Consumer Health Information Corporation v. Amylin Pharmaceuticals Inc., et al.
United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Consumer Health’s copyright infringement lawsuit against Amylin because it was not timely.

Merrill C. Roberts v Commissioner of Internal Revenue
Appeal from U.S. Tax Court
Tax. Voids two tax deficiencies against Merrill Roberts because Roberts’ horse racing venture was a business in 2005 and 2006.

Monday’s opinions
Indiana Court of Appeals
Toddrick Ogburn v. State of Indiana
Criminal. Reverses and remands Toddrick Ogburn’s conviction of possession of marijuana with intent to deliver in an amount greater than 10 pounds, a Class C felony, because the court abused its discretion by admitting evidence in violation of the Fourth Amendment.

Chuck W. Adams, Charles E. Howard, et al. v. ArvinMeritor, Inc., et al.
Civil plenary. Affirms on rehearing that inmates at the Indiana Department of Correction Correctional Industrial Facility participating in an offender work program operated by a private enterprise had a private right of action to enforce the statutory prevailing wage requirement. The claim does not open the door other claims under any other employment law that does not exclude prisoners. Judge Melissa May concurred in part and dissented in part because the code in question should not be interpreted as a private right of action.

Albert L. Armstrong v. State of Indiana (mem. dec.)
Criminal. Affirms Albert Armstrong’s conviction of dealing in a narcotic drug, a Class B felony, as well as his sentence.

In the Matter of the Involuntary Term. of the Parent-Child Relationship of V.F. and S.F. (Minor Children) and S.C. (Mother) and J.F. (Father) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of mother and father’s parental rights.

Kevin L. Govan v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct a clerical error in Kevin Govan’s conviction because the correction would be meaningless.
Idowa Dontray Hood v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Idowa Dontray Hood’s probation and imposition of his previously suspended sentence.

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