Opinions Nov. 20, 2012

November 20, 2012
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7th Circuit Court of Appeals
United States of America v. Lincoln Plowman
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms Plowman’s convictions of federal funds bribery and attempted extortion under color of official right. The District Court did not err when it precluded him from arguing entrapment to the jury.

Shane A. Holloway v. Delaware County Sheriff, in his official capacity, et al.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Affirms summary judgment for the defendants on Holloway’s lawsuit alleging the sheriff violated his rights by detaining him without charges for nine days and that the jail physician and two of his attending nurses violated his constitutional rights by acting with deliberate indifference as to his serious medical condition. Based on the evidence, no reasonable jury could have concluded the doctor acted with deliberate indifference, the nurses could not prescribe medicine on their own, and Holloway can’t demonstrate that the sheriff’s actions violated due process or that the sheriff acted pursuant to an unconstitutional policy or custom.

Indiana Court of Appeals
Dennis Vermillion v. State of Indiana
Criminal. Affirmed in part, reversed in part and remanded for resentencing. The COA ruled Vermillion’s convictions do not violate double jeopardy and while the admission of prior-misconduct evidence was an error, it did not constitute a fundamental error. Also, the court concluded the trial court acted within its discretion in ordering Vermillion to serve consecutive sentences. However, it did find Vermillion’s total sentence exceeds the cap permitted by the Indiana Code section 35-50-1-2(c).

Cynthia L. Seleme v. JP Morgan Chase Bank, National Association, as successor by merger to Chase Home Finance
Mortgage foreclosure. Affirms trial court denial of relief from judgment on a residential mortgage, finding that the plaintiff did not demonstrate a meritorious defense as required under Trial Rule 60(B)(1), (3), or (7).

Richard Troy Dunno v. Ronalee Rasmussen
Protective order. Reverses trial court’s judgment ordering Dunno to pay Rasmussen’s attorney fees when she contested a protective order that Dunno had been granted against her on the allegation that she hit him with a vodka bottle, resulting in 18 stitches. The COA held that the trial court abused its discretion in awarding attorney fees to Rasmussen when she presented evidence at a hearing Dunno didn’t attend saying that she wasn’t the aggressor. The court held that awarding of fees was an abuse of discretion because the trial court cited no statutory authority under which the award could be made.

In the Matter of the Commitment of L.W. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
Mental Health. Affirms trial court’s order to involuntarily commit L.W. to Midtown Community Mental Health Center.

A.M. v. State of Indiana (NFP)
Juvenile Delinquency. Reverses trial court’s order adjudicating A.M. as a delinquent child.

Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
Post-Conviction Relief Petition. Affirms denial of petition for post-conviction relief.

Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)
Mortgage Foreclosure. Affirms in part, reserves in part, and remands. The COA affirms the award of attorney’s fees to Prime Contractors; but reverses and remands the trial court’s judgment in setting the priority of the various liens on the home.

Jose Gonzalez v. State of Indiana (NFP)
Criminal. Affirms the trial court’s decision to sentence Gonzalez to 40 years.

Damian Ray Ramirez v. State of Indiana (NFP)
Criminal. Affirms conviction for battery with a deadly weapon, a Class C felony.

In the Matter of the Term. of the Parent-Child Rel. of B.T., C.K. and D.K.; D.K. v. Indiana Dept. of Child Services (NFP)
Juvenile Termination of Parental Rights. Affirms mother’s involuntary termination of her parental rights to her minor children, B.T., C.K. and D.K.

Gerald E. Smith v. Ronda K. (Smith) Busch (NFP)
Domestic Relation. Reverses the granting of the motion to correct error and remands this matter to the trial court with instructions to reinstate its order granting the Trial Rule 41(E) dismissal.

Carmel Lofts LLC and Keystone Construction Corp. v. Elbrecht Investments, LLC (NFP)
Civil Plenary. Affirms trial court’s granting of summary judgment for Elbrecht on its mechanic’s lien claim against Carmel Lofts for the full amount of its retainage.

Edward Graveline v. Melina (Graveline) Peyovich (NFP)
Domestic Relation. Affirms trial court’s denial of Graveline’s motion for relief from judgment and declines to award appellate attorney fees in this matter.

In the Matter of the Term. of the Parent-Child Rel. of J.R. and L.R.; and J.E. v. Indiana Dept. of Child Services (NFP)
Juvenile Termination of Parental Rights. Affirms the involuntary termination of father’s rights to his children, J.R. and L.R.

Dequincy Lopez v. State of Indiana (NFP)
Post-Conviction Relief Petition. Affirms denial of Lopez’s request for post-conviction relief.

Ivan Calderon v. State of Indiana (NFP)
Criminal. Affirms conviction of disarming a law enforcement officer as a Class C felony, pointing a firearm as a Class D felony, resisting law enforcement as a Class D felony, possession of marijuana as a Class A misdemeanor, and carrying a handgun without a license as a Class A misdemeanor. Finds trial court did not commit a fundamental error when it admitted the evidence seized from Calderon.  

John R. Northern v. State of Indiana (NFP)
Criminal. Affirms conviction of dealing in methamphetamine as a Class A felony and conspiracy to deal in methamphetamine as a Class A felony.

Dannie Engram v. State of Indiana (NFP)
Post-Conviction Relief Petition. Affirms denial of Engram’s petition for post-conviction relief.

Washaun Jones v. State of Indiana (NFP)
Criminal. Reverse and remands with instructions to vacate trial court’s order regarding the denial of Jones’s credit time for bad behavior and to correct the abstract of judgment so it reflects that Jones was convicted of dealing in cocaine as a Class B felony.

Todd Baker and Susan Baker v. Marathon Pipe Line, LLC (NFP)
Civil Plenary. Affirms denial of Bakers’ motion to correct error on the issue of whether their amended counterclaim for malicious prosecution was properly dismissed and of their motion to file a second amended counterclaim on the malicious prosecution and attorney fees issues.  


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.