Opinions

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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Opinions Dec. 27, 2010

December 27, 2010

Indiana Court of Appeals
Paternity of M.F., et al.; J.F. v. W.M.
21A04-1002-JP-84
Juvenile. Affirms denial of mother’s petition to establish paternity with respect to M.F. Mother failed to prove that insemination incurred in such a way as to render the donor agreement unenforceable and void as against public policy. Reverses finding that a valid, enforceable contract existed that would prohibit an action to establish paternity of C.F., the second child born. Remands to grant mother’s petition to establish paternity with respect to C.F. Judge Crone dissents in part.
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Opinions Dec. 23, 2010

December 23, 2010

7th Circuit Court of Appeals
USA v. Kevin Dortch
09-3260
U.S. District Court for the Northern District of Indiana, Hammond Division, Judge Rudy Lozano
Criminal. Affirms statutory maximum of 240 months imprisonment for Dortch, who pled guilty and only appealed his sentence. After robbing a bank that was located inside a drugstore in Munster, he led police on two high-speed chases through the nearby residential neighborhoods. At issue was whether enough evidence was presented regarding an officer’s hospital visit following the car chase to show “serious bodily injury.”

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Opinions Dec. 22, 2010

December 22, 2010

7th Circuit Court of Appeals
Trinity Homes LLC and Beazer Homes Investments LLC v. Ohio Casualty Insurance Company and Cincinnati Insurance Company
09-3613
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Civil. Reverses District Court’s grant of summary judgment in favor of the insurers on the homebuilders’ suit alleging breach of contract and seeking a declaration that all of the insurers had a duty to provide coverage. The precedential landscape has changed regarding the claim against Ohio Casualty. Remands for reconsideration in light of Sheehan.

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Opinions Dec. 21, 2010

December 21, 2010

7th Circuit Court of Appeals
United States of America v. Lawrence Taylor

10-1304
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Taylor’s sentences for bank robbery and for violating terms of his supervised release relating to an earlier bank robbery conviction, but orders a limited remand. The District Court erred by treating the policy statement recommendation in U.S.S.G. Section 7B1.3(f) as mandating consecutive sentencing for Taylor’s 2008 bank robbery case and his supervised release case.

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Opinions Dec. 20, 2010

December 20, 2010
Indiana Court of Appeals
Bruce R. Smith v. Morgan L. Smith
02A03-1005-DR-276
Domestic relation. Reverses division of marital property. The trial court abused its discretion by awarding Morgan more than 100 percent of the marital estate. Remands for a just and reasonable division of the marital estate not exceeding the net value of the estate.
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Opinions Dec. 17, 2010

December 17, 2010
7th Circuit Court of Appeals
Karl Schmidt Unisia Inc. v. International Union, United Automobile, et al.
09-4001
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms summary judgment in favor of International Union, et al., on their counterclaim to compel arbitration. The collective bargaining agreement’s arbitration clause creates a presumption that the union’s grievance is arbitrable.
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Opinions Dec. 16, 2010

December 16, 2010
Indiana Court of Appeals
William Hurst v. State of Indiana
49A02-1004-CR-378
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of a search warrant. To the extent the trial court concluded that Eric Thomas was inherently credible simply because he was a cooperating citizen informant, the trial court erred. A texted photo to Thomas corroborated the hearsay and there was sufficient evidence to support a finding of probable cause.
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Opinions Dec. 15, 2010

December 15, 2010
Indiana Supreme Court
Joshua G. Nicoson v. State of Indiana
32S04-1003-CR-150
Criminal. Affirms five-year sentence enhancement for the use of a firearm following Nicoson's convictions of criminal confinement with a deadly weapon as a Class B felony. Holds that adding these years is consistent both with the statutes in question and with the prohibition against double jeopardy.
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Opinions Dec. 14, 2010

December 14, 2010

Indiana Court of Appeals
Presbytery of Ohio Valley, Inc., et al. v. OPC, Inc., et al.
82A02-1003-MF-339
Mortgage foreclosure. Reverses summary judgment in favor of appellees-defendants OPC Inc. and others in a property dispute between a local congregation and the national church. When the neutral principles of law approach is applied correctly, the appellants prevail. Remands with instructions.

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Opinions Dec. 13, 2010

December 13, 2010
Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M.  – that he was incapable of providing himself food, clothing, shelter, or other essential human needs - wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.
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Opinions Dec. 10, 2010

December 10, 2010
Indiana Court of Appeals
David Snowberger v. State of Indiana
09A02-1005-CR-570
Criminal. Reverses revocation of probation. Snowberger’s plea agreement to nonsupport of a dependent child required the state to show his failure to pay child support to be willful and he has the ability to make payments before his probation could be revoked. The evidence was insufficient to support the revocation.
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Opinions Dec. 9, 2010

December 9, 2010
7th Circuit Court of Appeals
American Bank v. City of Menasha, et al.
10-1963
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Order corrects sentence in original opinion from Nov. 29, 2010.
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Opinions, Dec. 8, 2010

December 8, 2010
Indiana Court of Appeals
Phillip Forman v. Wayne Penn, et al.
33A01-1007-CT-343
Civil tort. Dismisses appeal because it isn’t certified for interlocutory appeal or authorized as an appeal from a final judgment pursuant to Ind. Trial Rule 54(B).
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Opinions Dec. 7, 2010

December 7, 2010
Indiana Court of Appeals
M.S. v. C.S.
03A01-1003-DR-140
Domestic relation. Affirms trial court’s order to vacate a previous order granting M.S. joint legal custody of and parenting time with S.S., a child born to C.S., M.S.’s former domestic partner of more than 10 years. M.S. appealed and raised three issues: whether the trial court erred in vacating its prior custody and visitation order; whether the trial court abused its discretion by modifying custody of S.S. without a petition to modify or a showing of a substantial change in circumstances; and whether the trial court abused its discretion in denying M.S. parenting time.
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Opinions Dec. 6, 2010

December 6, 2010

7th Circuit Court of Appeals
Brian D. Grigsby v. Ray LaHood, Secretary of the U.S. Department of Transportation
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment for the Department of Transportation in his suit claiming he wasn’t hired because of his Native American heritage. Grigsby was not qualified for any of the positions he applied for.
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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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