« Ind. Law - Following up on: Can you rely on the Indiana Code? | Main | Ind. Decisions - AG Carter will not appeal either of two recent district court rulings voiding 2008 legislation »

Thursday, July 24, 2008

Ind. Decisions - 7th Circuit issues three Indiana opinions today

In Caskey v. Colgate-Palmolive (SD Ind., Judge Hamilton), a 15-page opinion, Judge Bauer writes:

After being disciplined and ultimately terminated, Tracy Caskey sued her former employer and its parent company. Caskey alleged that the defendants (1) interfered with her right to medical leave, in violation of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq.; (2) discriminated against her because of her sex, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; and (3) retaliated against her for exercising her rights under the FMLA, Title VII, and Indiana law. The district court granted summary judgment for the defendants, finding that Caskey’s discipline was lawful and that her termination resulted from three unexcused absences from work. Caskey now appeals, and for the reasons stated below, we affirm.
In US v. Dalhouse (ND Ind., Judge Sharp), a 7-page opinion, Judge Sykes writes:
When the government introduces a defendant’s confession to supplement an otherwise legally inadequate case, the Supreme Court requires corroborating evidence to show that the confession is trustworthy. See Opper v. United States, 348 U.S. 84, 89 (1954). This “corroboration rule” is at the center of this case.

Germaine Dalhouse was convicted of carrying a gun while being an illegal-drug user. See 18 U.S.C. § 922(g)(3). He claims the government was wrongly allowed to present his confession to the jury without first producing corroborating evidence that it was trustworthy. We disagree and affirm his conviction. The corroboration rule is satisfied if the government presents enough evidence independent of the confession to allow a jury to convict. The government did that here, so there was no need for additional corroboration.

In US v. Mages (ND Ind., Judge Sharp), a 5-page opinion, Judge Coffey concludes:
Here, a government witness testified that the letters sent to the President of the United States and to the Chief Justice of Canada were sent on preprinted forms found in Magers’s prison and that the envelopes were stamped with the prison’s name. The powdery substance in the envelopes offered in evidence, when examined, constituted evidence of a true threat even though the actual contents were not toxic. See United States v. Stewart, 411 F.3d 825, 828 (7th Cir. 2005) (true threat is not dependent upon what defendant intended but whether recipient reasonably regarded the letter as a threat). And two handwriting experts testified that the writing in the letters matched that of Magers’s. Magers introduced no evidence in dispute of that testimony. Thus there was ample evidence upon which a rational trier of fact could find Magers guilty beyond a reasonable doubt of all the elements of the crimes in violation of 18 U.S.C. §§ 875(c), 876(c), and 871(a). Any argument to the contrary would be frivolous.

The appeal is DISMISSED and counsel’s motion to withdraw is GRANTED.

Posted by Marcia Oddi on July 24, 2008 02:07 PM
Posted to Indiana Decisions