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Opinions April 7, 2014

April 7, 2014
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7th Circuit Court of Appeals
United States of America v. Stephanie L. Donelli
13-2548
Criminal. Affirms 60-month sentence for convictions of wire fraud and tax evasion. Donelli’s claim that the trial court erred by failing to consider her mental illness, bipolar II disorder, as a principal argument in mitigation was rejected because she failed to present the diagnosis as a principal argument in mitigation, and because she waived the argument by failing to object to her sentence apart from the fact that it was above the guidleline range.


Indiana Court of Appeals
Kevin J. Mamon v. State of Indiana
30A01-1301-CR-47
Criminal. Affirms convictions of Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness, Class B misdemeanor reckless driving and an enhancement for being a habitual offender. The panel found no grounds for reversal on Mamon’s claim that admitting evidence from a traffic stop for following too closely in a construction zone was fundamental error. Mamon failed to preserve an objection at the trial court, and there is no claim of evidence fabrication or willful malfeasance on the part of law enforcement.

In the Matter of: L.P., a Child Alleged to be a Child in Need of Services, K.K., Mother v. The Indiana Department of Child Services
77A01-1310-JC-427
Juvenile. Reverses determination that L.P. was a child in need of services, holding that a factual finding of an isolated use of methamphetamine, without more, does not support the conclusion of law that L.P. was a CHINS.  

Sheaff Brock Investment Advisors, LLC v. David Morton
29A02-1306-CC-553
Civil collection. Affirms trial court ruling that Sheaff Brock Investment Advisors breached its contract with adviser David Morton and was liable for additional compensation under the Wage Claims Act. Because the trial court did not err in granting summary judgment on those claims, Morton is entitled to appellate attorney fees. The trial court also did not err in entering summary judgment in favor of Sheaff Brock on Morton’s claim on constructive fraud.

Umbrella Family Waiver Services, LLC v. Indiana Family and Social Services Administration
49A02-1306-PL-525
Civil plenary. Affirms denial of Umbrella’s Verified Petition for Judicial Review. Rules the Indiana Family and Social Services Administration followed the terms of the contract by giving a 60-day notice of termination and did not exceed its statutory authority by not providing a reason for the termination.  

Christian Dailey v. David Building Group (NFP)
49A02-1310-CT-906
Civil tort. Affirms trial court order granting summary judgment in favor of Davis Building Group on Christian Dailey’s negligence claim.

North Central Cooperative, Inc. v. John R. Garrison (NFP)
08A02-1304-CT-345
Civil tort. Affirms trial court order granting Garrison’s motion to amend his negligence complaint.

Andre Botley v. Dilmar Sanchez (NFP)
49A05-1311-CT-567
Civil tort. Reverses trial court dismissal of Botley’s negligence claim, remanding with instructions to reinstate the claim.

Trena Marie Gagliardo v. State of Indiana (NFP)
76A03-1306-CR-209
Criminal. Affirms Class C felony conviction of nonsupport of a dependant child.

Lakila Gill v. State of Indiana (NFP)
49A02-1307-CR-633
Criminal. Affirms conviction of Class A felony attempted murder and reverses sua sponte conviction of Class B felony aggravated battery on double-jeopardy grounds. Remands with instructions to vacate the battery conviction. Gill’s 20-year aggregate sentence is unchanged.

The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.



 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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