Opinions

Opinions Feb. 1, 2011

February 1, 2011
7th Circuit Court of Appeals
United States of America v. Derrick L. Bullock
10-2238
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Bullock pled guilty to possession with intent to distribute at least five grams but less than fifty grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). His plea was conditioned on his ability to appeal the District Court’s denial of his motion to suppress evidence of the crack that led to his conviction. Affirms District Court ruling there was reasonable suspicion to detain Bullock during the search, probable cause existed to arrest Bullock for visiting a common nuisance under Indiana law after police found marijuana in plain view and other evidence of recurrent and widespread drug activity within the residence. His detention was lawful under principles set forth in Terry v. Ohio, and the subsequent arrest was supported by probable cause.
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Opinions Jan. 31, 2011

January 31, 2011
Indiana Court of Appeals
Cynthia L. Foley v. Robert L. Schwartz and Danny L. Collins
78A04-1005-CT-305
Civil tort. Reverses grant of Schwartz’s motion to dismiss Foley’s complaint following an ATV accident on Collins’ property. The trial court erred when it granted Schwartz’s motion to dismiss for lack of personal jurisdiction. Remands for further proceedings.
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Opinions Jan. 28, 2011

January 28, 2011
Indiana Court of Appeals
Keith Eberle v. State of Indiana
58A01-1003-CR-105
Criminal. Affirms convictions of Class D felony intimidation, Class C felony stalking, and two counts of Class B misdemeanor harassment due to text messages and phone calls from Eberle to an employer-issued cell phone that belonged to an Ohio County jail matron.
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Opinions Jan. 27, 2011

January 27, 2011
Indiana Court of Appeals
Tony E. Bennett v. State of Indiana (NFP)
25A03-1008-CR-422
Criminal. Affirms sentence following guilty plea to three counts of Class D felony theft.
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Opinions Jan. 26, 2011

January 26, 2011
7th Circuit Court of Appeals
United States of America v. Ty Brock
10-2385
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress items found in Brock’s car during a checkpoint stop. Because the checkpoint was neither objectively nor subjectively intrusive in any way that would outweigh the government’s interest in operating it, the checkpoint stop didn’t violate his Fourth Amendment rights.
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Opinions Jan. 25, 2011

January 25, 2011
Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
47A05-1008-AD-474
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.
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Opinions Jan. 24, 2011

January 24, 2011
7th Circuit Court of Appeals
Applications of Heraeus Kulzer, GmbH, for orders compelling discovery for use in a foreign proceeding v. Biomet Inc., et al.
09-2858, 10-2639
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Reverses denial of applications to compel discovery for use in a lawsuit pending in a foreign court. The District Court committed two serious legal errors in its denial – concluding Heraeus Kulzer was trying to circumvent German law and turning down the company’s discovery request flat. Remands for further proceedings consistent with the opinion.
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Opinions Jan. 21, 2011

January 21, 2011

7th Circuit Court of Appeals
Maria Tara Sutherland v. Wal-Mart Stores Inc.
10-2214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment in favor of Wal-Mart on Sutherland’s hostile work environment and negligent infliction of emotional distress claims. She did not present evidence that would allow a jury to conclude Wal-Mart is liable for the assault committed against her by Aguas.

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Opinions Jan. 20, 2011

January 20, 2011
Indiana Court of Appeals
Nathaniel Williams v. State of Indiana (NFP)
49A02-1005-CR-466
Criminal. Affirms convictions of Class B felony dealing in a narcotic drug and Class A felony dealing in a narcotic drug.
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Opinions Jan. 19, 2011

January 19, 2011
7th Circuit Court of Appeals
Anthony L. Smith v. Gilbert Peters, et al.
10-1013
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reverses District Court’s dismissal of Smith’s civil rights suit alleging prison employees violated his First and Eighth Amendment rights. Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury may have violated a prisoner's Eighth Amendment rights and therefore are subject to those remedies that aren’t barred by 42 U.S.C. Section 1997e(e). Also if the facts alleged in the complaint are true, Smith may have been punished for complaining about mistreatment. Remands for further proceedings.
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Opinions Jan. 18, 2011

January 18, 2011
Indiana Court of Appeals
Desmond Parks v. State of Indiana (NFP)
49A05-1003-CR-174
Criminal. Affirms conviction of Class D felony domestic battery.
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Opinions Jan. 17, 2011

January 17, 2011
The Indiana Supreme Court, Court of Appeals, and Tax Court are closed today in observance of the Martin Luther King Jr. Day holiday.
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Opinions Jan. 14, 2011

January 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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Opinions Jan. 13, 2011

January 13, 2011

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.
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Opinions Jan. 12, 2011

January 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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Opinions Jan. 11, 2011

January 11, 2011
Indiana Court of Appeals
John G. Cooper v. State of Indiana
32A05-1005-CR-309
Criminal. Affirms five-year enhancement imposed under the Firearm Enhancement Statute following the jury’s determination Cooper knowingly or intentionally used a firearm in the commission of reckless homicide, a Class C felony. Double jeopardy principles aren’t implicated in this case. Also affirms aggregate 13-year sentence.
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Opinions Jan. 10, 2011

January 10, 2011
Indiana Court of Appeals
Francisco Onan Delao v. State of Indiana
20A05-1003-CR-182
Criminal. Affirms four convictions of Class A felony dealing in cocaine. Delao waived any error in the admission of the audio recordings of certain cocaine transactions because he failed to present a sufficient record for appellate review. His sentence is appropriate in light of his character and offenses.
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Opinions Jan. 7, 2011

January 7, 2011
Indiana Court of Appeals
Anthony V. Collins-Caudill v. State of Indiana (NFP)
92A05-1003-CR-242
Criminal. Affirms conviction of Class B felony robbery.
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Opinions Jan. 6, 2011

January 6, 2011
Indiana Court of Appeals
Jeremiah Hayes v. State of Indiana (NFP)
82A05-1006-CR-388
Criminal. Affirms sentence following guilty plea to two counts of child molesting as Class C felonies.
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Opinions Jan. 5, 2011

January 5, 2011
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
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Opinions Jan. 4, 2011

January 4, 2011
7th Circuit Court of Appeals

USA v. Timothy Redd
09-3799
U.S. District Court for the Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann
Criminal. Affirms District Court’s denial of Redd’s successive §3582(c)(2) motion to reduce his sentence. Redd’s sentence was reduced from 405 months to 327 months after the Sentencing Commission made the reduction in the guideline ranges for crack offenses retroactive. In a motion filed 10 months after his sentence was reduced, Redd claimed his reduction was not as much as it should have been. 7th Circuit concludes Redd let the time for reconsideration or appeal of the district judge’s resentencing expire without action.
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Opinions Jan. 3, 2011

January 3, 2011
Indiana Court of Appeals
Kyle Beals v. State of Indiana (NFP)
49A02-1004-CR-461
Criminal. Reverses convictions of four counts of Class B felony criminal confinement and orders they be vacated. Affirms convictions of two counts of Class B felony robbery and one count of resisting law enforcement as a Class D felony.
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Opinions Dec. 30, 2010

December 30, 2010

Indiana Court of Appeals
Richmond State Hospital, et al. v. Paula Brattain, Francis Ernst, et al.
49A02-0908-CV-718
Civil. Denies the state’s petition and grants the employees’ petition to clarify the Court of Appeals’ instructions on remand for determining the merit employees’ damages. Concludes merit employees are entitled to back pay for the period beginning either 10 days before the filing of the July 29, 1993, complaint, or 10 days before the filing of their individual administrative grievances, whichever comes first, until the date that the state abolished the split class system. The trial court must determine whether the state terminated the split class system on Sept. 12 or Sept. 19, 1993.
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Opinions Dec. 29, 2010

December 29, 2010

7th Circuit Court of Appeals
USA v. James K. Taylor
U.S. District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
10-2947
Criminal. Affirms sentenced for 64 months’ imprisonment following a guilty plea to possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The sentence was based in part on the District Court’s conclusion that his prior Indiana conviction for Class C felony battery qualified as a “crime of violence” under § 4B1.2(a) of the federal sentencing guidelines, enhancing his recommended base offense level. Taylor argued his battery conviction was not a crime of violence for the purposes of the federal sentencing guidelines.

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Opinions Dec. 28, 2010

December 28, 2010

Indiana Court of Appeals
Richard Childress Jr. v. State of Indiana
45A03-0911-CR-520
Criminal. Affirms convictions of robbery and criminal confinement, both Class B felonies. On appeal, appellant-defendant raised the sole issue of whether the trial court erred in admitting evidence the state did not disclose until the second day of trial. Court of Appeals concluded the state’s late disclosure did not impair his right to a fair trial.

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