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Opinions Jan. 21, 2011

7th Circuit Court of Appeals
Maria Tara Sutherland v. Wal-Mart Stores Inc.
10-2214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment in favor of Wal-Mart on Sutherland’s hostile work environment and negligent infliction of emotional distress claims. She did not present evidence that would allow a jury to conclude Wal-Mart is liable for the assault committed against her by Aguas.

Justices hear 3 cases, including robo-calls appeal

The Indiana Supreme Court heard three arguments this morning, including one case that it had granted emergency transfer to regarding whether the state should be constitutionally allowed to restrict robo-calls to residents.

Hospitals seek Medicare reimbursement

Several Indiana hospitals are suing the Secretary of the U.S. Department of Health and Human Services over a Medicare reimbursement dispute.

Magistrate judge up for reappointment

The term of Magistrate Judge Paul R. Cherry of the U.S. District Court, Northern District of Indiana will expire this year and the District Court is seeking comment on whether the magistrate judge should be reappointed.

New executive committee, talk of judicial complex

The trial courts in the state’s largest county have a new leadership lineup, and the Marion Superior Executive Committee has changed the time of its weekly business meetings. Its first meeting will bring up a much-discussed and significant concept of building a new judicial complex in Marion County.

Opinions Jan. 20, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Nathaniel Williams v. State of Indiana (NFP)
49A02-1005-CR-466
Criminal. Affirms convictions of Class B felony dealing in a narcotic drug and Class A felony dealing in a narcotic drug.

Daniel Buchanan v. State of Indiana (NFP)
07A04-1003-CR-181
Criminal. Affirms convictions of three counts of Class B felony armed robbery, and one count each of Class B felony criminal confinement and Class B felony burglary.

Deborah Walton, et al. v. Claybridge Homeowners Association, Inc. (NFP)
29A05-1006-MF-399
Mortgage foreclosure. Affirms summary judgment order granting foreclosure of a judgment lien on Walton’s residence in favor of Claybridge Homeowners Association.

Christopher M. Lee v. State of Indiana (NFP)
24A01-1006-CR-282
Criminal. Affirms aggregate sentence of 20-and-a-half years with 16 years executed and four-and-a-half years suspended to probation.

Anthony Bedolla v. State of Indiana (NFP)
49A02-1003-CR-368
Criminal. Affirms murder conviction.

Austin Zell v. State of Indiana (NFP)
48A05-1006-CR-371
Criminal. Affirms revocation of probation and order Zell serve three years in the Department of Correction.

Gregory Fording v. State of Indiana (NFP)
09A02-1006-CR-604
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

Brian Biddle v. State of Indiana (NFP)
15A01-1005-CR-262
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement and the revocation of probation.

Michael Stiles v. State of Indiana (NFP)
49A02-1005-CR-590
Criminal. Reverses sentence following guilty plea to Class D felony operating a vehicle while intoxicated and to being a habitual offender. Remands with instructions to correct the sentencing order.

Indiana Tax Court had posted no opinions at IL deadline.
 

Greenwood attorney Joe Van Valer dies

The Indiana legal community has lost a former prosecutor and private attorney who, during his five decades of practice, established himself as a state and national expert in realty and development law.

Opinions Jan. 19, 2011, ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey Allen Rowe v. Indiana Dept. of Correction
46A03-1009-SC-444
Small claims. Dismisses interlocutory appeal of the trial court’s ruling on a motion filed by Rowe of a verified petition for an order waiving all or partial filing fees and court costs. The appellate court lacks jurisdiction because the small claims court’s ruling on his verified petition is not an interlocutory order appealable as a matter of right under Appellate Rule 4(A)(1), and because Rowe did not request a discretionary appeal pursuant to App. R. 14(B).

Leo Machine & Tool Inc., et al. v. Poe Volunteer Fire Dept. Inc., et al.
02A03-1003-PL-143
Civil plenary. Grants rehearing and affirms original opinion in full with the addition that the appellate court now also affirms the trial court’s summary judgment in favor of Anderson Excavating on the same legal grounds.

Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Grants petition for rehearing and clarifies that Smith’s sentence should be revised to four years, with two years suspended to supervised probation.

Kathy Lynch v. Daryl and Elizabeth Ackerman (NFP)
37A03-1004-CC-193
Civil collection. Reverses judgment in favor of the Ackermans on Lynch’s complaint alleging breach of contract.

Jamie S. Weddle v. State of Indiana (NFP)
53A01-1006-CR-313
Criminal. Affirms convictions of Class A felony rape and Class B felony aggravated battery. Vacates conviction of Class D felony criminal confinement.

George Sheffer v. Gayle Sheffer n/k/a Gayle J. Curtiss (NFP)
45A05-1009-DR-543
Domestic relation. Affirms denial of George Sheffer’s motion to correct error.

State of Indiana v. Michael Williams (NFP)
49A02-1004-CR-412
Criminal. Reverses in part the court’s grant of Williams’ motion to suppress. Remands for further proceedings. Judge Riley dissents.

Frank E. Willis v. Keith Holder (NFP)
33A05-1009-CT-577
Civil tort. Affirms order granting summary judgment for Holder on Willis’ complaint for negligence.

Michael P. Wright v. State of Indiana (NFP)
34A05-1006-CR-412
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.

 
 

Opinions Jan. 19, 2011

7th Circuit Court of Appeals
Anthony L. Smith v. Gilbert Peters, et al.
10-1013
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reverses District Court’s dismissal of Smith’s civil rights suit alleging prison employees violated his First and Eighth Amendment rights. Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury may have violated a prisoner’s Eighth Amendment rights and therefore are subject to those remedies that aren’t barred by 42 U.S.C. Section 1997e(e). Also if the facts alleged in the complaint are true, Smith may have been punished for complaining about mistreatment. Remands for further proceedings.

Judges reverse dismissal of prisoner’s suit

The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.

SCOTUS refuses to accept two Indiana cases

The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.

IBA: Domestic Relations Counseling Bureau Relocates

The Marion Superior Courts, Civil Division, and Circuit Court are pleased to announce that the Domestic Relations Counseling Bureau (D.R.C.B.) has relocated to the City County Building, East Wing, Fifth Floor, Room E540.