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Opinions Jan. 14, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Orlando Quezare v. Byrider Finance, Inc.
29A02-1008-PL-944
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
71A05-1004-CR-210
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)
07A01-1007-CR-331
Criminal. Affirms convictions of and aggregate 65-year sentence for felony murder and Class B felony robbery.

Nanci Lacy v. State of Indiana (NFP)
49A02-1005-OV-528
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)
34A04-1006-CR-419
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)
71A04-1004-JT-209
Juvenile. Affirms involuntary termination of parental rights.

Douglas P. Johnson v. State of Indiana (NFP)
92A03-1004-CR-222
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)
46A03-1008-SC-409
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.
 

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Opinions Jan. 14, 2011

7th Circuit Court of Appeals
John M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
09-2924
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.

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Ongoing appeal could impact IMPD officer’s case

An Indiana Court of Appeals decision from last fall could prove to be a game-changer for how the state’s largest county handles the high-profile prosecution of a police officer accused of drunk driving that resulted in one death and other injuries.

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New Supreme Court lineup could change pro se case outcome

The Indiana Supreme Court is thinking about rehearing a case it ruled on four months ago, in which a majority at the time created a new rule but offered no guidance for trial judges on informing future defendants about the dangers of proceeding pro se.

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Last day for legislators to file bills

Today is the deadline for state senators to file Senate bills to be considered during the 2011 session. State representatives’ deadline for filing House bills was Tuesday and they have until today to file vehicle bills.

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Order addresses selection of special judges

To allow time for counties to amend their local rules to conform with Indiana Administrative Rule 3 regarding the selection of special judges, the Indiana Supreme Court has issued an order establishing temporary procedures for selecting these judges.

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Opinions Jan. 13, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Term. of Parent-Child Rel. of H.C. and T.C.; J.C. v. IDCS (NFP)
76A03-1006-JT-374
Juvenile. Affirms termination of parental rights.

Michael Gregory v. State of Indiana (NFP)
20A03-1002-CR-128
Criminal. Affirms convictions of three counts of child molesting as Class A felonies and three counts as Class C felonies, reverses Gregory’s aggregate sentence, and remands with instructions to issue an amended sentencing order and to issue any other documents or chronological case summary entries necessary to impose an aggregate sentence of 68 years.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Judges differ in interpretation of earlier ruling

A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.

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Longtime Indy attorney dies

Merrill Moores, who loved the law and mentoring young attorneys, died Jan. 5. Moores is the father of a Marion County juvenile judge and an Indianapolis attorney.

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Opinions Jan. 12, 2011, ILD

7th Circuit Court of Appeals
Amorita N. Thomas, on behalf of herself and all others similarly situated v. H&R Block Eastern Enterprises Inc.
10-1482
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Affirms summary judgment in favor of H&R Block in Thomas’ suit under Indiana’s Wage Payment Statute for paying its end-of-season compensation more than 10 days after it was earned. Concludes that the end-of-season compensation is not a wage under the statute because it was depending on other factors than her efforts and it would be highly difficult for the company to calculate it within 10 days. Declines to send a certified question on the issue to the Indiana Supreme Court.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Alesa Pack v. Indiana Family and Social Services Administration
89A05-1004-PL-240
Civil plenary. Grants rehearing for the sole purpose of clarifying the correct application of Administrative Orders and Procedures Act to Medicaid determinations regarding recipients and applications. Clarifies that while the AOPA applies to judicial review of Medicaid determinations, separate rules apply to the review of such decisions by an administrative law judge as they pertain to recipients of and applications for Medicaid benefits. Affirms original decision in all respects. Judge Riley voted to deny petition for rehearing without opinion.

Glenn L. Carpenter v. State of Indiana (NFP)
49A02-1005-CR-521
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon as a Class B felony, adjudication as a habitual offender, and sentence imposed.

Lucas T. Scholl v. State of Indiana (NFP)
07A01-1004-CR-166
Criminal. Affirms conviction of operating a vehicle while intoxicated, endangering a person as a Class A misdemeanor.

Camiell Chest v. State of Indiana (NFP)
49A02-1005-CR-544
Criminal. Affirms conviction of Class D felony domestic battery.

Wesley D. Willis v. State of Indiana (NFP)
71A04-1005-CR-304
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class A felony attempted murder, and two counts of Class C felony criminal recklessness.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Opinions Jan. 12, 2011

7th Circuit Court of Appeals
Amorita N. Thomas, on behalf of herself and all others similarly situated v. H&R Block Eastern Enterprises Inc.
10-1482
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Affirms summary judgment in favor of H&R Block in Thomas’ suit under Indiana’s Wage Payment Statute for paying its end-of-season compensation more than 10 days after it was earned. Concludes that the end-of-season compensation is not a wage under the statute because it was depending on other factors than her efforts and it would be highly difficult for the company to calculate it within 10 days. Declines to send a certified question on the issue to the Indiana Supreme Court.

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Voter ID research event rescheduled

Indiana University School of Law – Indianapolis professor Michael J. Pitts' discussion "Assessing the Impact of Photo Identification at the Polls by Examining the Provisional Ballots," which was scheduled for 6:30 p.m. today in Indianapolis, has been rescheduled due to the weather.

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