« Ind. Law - Former Indiana law prof, dismissed here, fired from West Point a decade later, after only one month | Main | Ind. Courts - "Altice dons Court of Appeals robe at Sept. 21 ceremony" »

Thursday, September 17, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 3 NFP memorandum decisions)

For publication opinions today (2):

In Donald Richardson v. Town of Worthington, Indiana , a 10-page opinion, Judge Robb writes:

Donald Richardson sued the Town of Worthington (“Worthington”), seeking the payment of overtime wages pursuant to Indiana’s Minimum Wage Law (“MWL”). Worthington moved for summary judgment, which the trial court granted. Richardson presents one issue for our review, namely, whether the trial court erred when it concluded that the MWL did not apply to Worthington. Concluding that the MWL explicitly excludes from its purview employers such as Worthington who are subject to the minimum wage provisions of the Fair Labor Standards Act of 1938 (“FLSA”), we affirm. * * *

This is a case of first impression in Indiana. * * *

The FLSA’s maximum hours provisions are distinct from its minimum wage provisions. MWL’s reference to the “minimum wage provisions” of the FLSA is to FLSA section 206, not sections 206 and 207. Worthington is an employer subject to the minimum wage provisions but not the maximum hours provisions of the FLSA. The MWL, therefore, excludes Worthington from its purview. The trial court’s grant of summary judgment is affirmed.

In Tywaun Carter v. State of Indiana, a 16-page opinion, Judge Robb writes:
Following a bench trial, Tywaun Carter was convicted of two counts of Level 1 felony rape. The trial court sentenced Carter to thirty-two years on each count, to be served concurrently in the Indiana Department of Correction. Carter appeals his convictions and sentence, raising two issues for our review: (1) whether the evidence presented at trial was sufficient to support his convictions; and (2) whether his sentence was inappropriate in light of the nature of the offenses and his character. * * *

The evidence presented at trial was sufficient to support Carter’s convictions for Level 1 felony rape, and we are not persuaded Carter’s sentence is inappropriate. Carter’s convictions and sentence are therefore affirmed.

NFP civil decisions today (0):

NFP criminal decisions today (3):

Jon Donovan v. State of Indiana (mem. dec.)

Marvin Hester v. State of Indiana (mem. dec.)

Tyler Beathea v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 17, 2015 10:12 AM
Posted to Ind. App.Ct. Decisions