Opinions

Opinions June 27, 2011

June 27, 2011
Indiana Court of Appeals
Vincent M. Butler, Jr. v. State of Indiana
84A01-1008-CR-414
Criminal. Affirms revocation of Butler’s probation. The record shows that the trial court adequately advised Butler of his right to counsel and that he knowingly, intelligently, and voluntarily waived that right. The trial court did not abuse its discretion by imposing the balance of his four-year previously suspended sentence. Judge Kirsch dissents.
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Opinions June 24, 2011

June 24, 2011
Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite. 
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Opinions June 23, 2011

June 23, 2011
7th Circuit Court of Appeals
Joseph E. Corcoran v. Bill Wilson, superintendent
07-2093, 07-2182
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Allen Sharp.
Civil. Reinstates and incorporates by reference the earlier opinion in Corcoran v. Buss to the extent that it reversed the District Court’s judgment granting habeas relief on the basis of the claimed Sixth Amendment violation; and affirmed the District Court’s conclusion that the Indiana courts did not mishandle the issue of his competence to waive post-conviction remedies. Remands to District Court to permit it to address Corcoran’s remaining grounds for habeas relief.
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Opinions June 22, 2011

June 22, 2011
7th Circuit Court of Appeals
United States of America v. Michael Lee Mokol Jr.
10-2334
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen.
Criminal. Affirms two convictions of being a felon in possession of a firearm. The District Court did not abuse its discretion in admitting bad acts testimony through Lori Miller’s testimony as to Mokol’s statement that he would put anyone who told on him “in the ground;” or in admitting bad acts evidence involving his daughter’s testimony about the gun “prank” in the Rising Sun parking lot. The District Court did not err in restricting cross-examination of his daughter and the District Court didn’t abuse its discretion by instructing the jury as to constructive possession.
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Opinions June 21, 2011

June 21, 2011
7th Circuit Court of Appeals
United States of American v. Donella Locke
10-1351.
Criminal. Affirms convictions on five counts of wire fraud. Vacates Donella Locke’s 71-month sentence and restitution order and remands for resentencing proceedings, holding that the length of the sentence and amount of restitution were based in part on conduct not necessarily encompassed in the charges of conviction. Also holds that the court erred in ordering Locke to pay restitution to victims not clearly harmed by the conduct in Locke’s counts of conviction.
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Opinions June 20, 2011

June 20, 2011
Indiana Court of Appeals
Nelson E. Rios v. State of Indiana (NFP)
49A05-1010-CR-612
Criminal. Affirms sentence for two counts of Class C felony dealing in a look-alike substance.
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Opinions June 17, 2011

June 17, 2011
Indiana Court of Appeals
Shaun M. Berry v. State of Indiana
57A03-1011-CR-579
Criminal. Reverses trial court’s imposition of public defender fee and remands for a determination of Shaun Berry’s ability to pay for his legal services and for clarification of $364 in court costs. Holds the court failed to identify statutory authorization for imposing court costs and failed to make statutorily required finding that Berry had the ability to pay public defender fee.
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Opinions June 16, 2011

June 16, 2011
Indiana Court of Appeals
T.R. v. Review Board
93A02-1005-EX-640
Agency action. Affirms Indiana Department of Workforce Development Review Board decision affirming the findings by the administrative law judge that T.R. left her employment without good cause. T.R. was afforded due process and the ALJ’s findings are supported by the evidence.
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Opinions June 15, 2011

June 15, 2011
Indiana Court of Appeals
The Board of Commissioners in County of Allen, Commissioner Linda K. Bloom, et al. v. Northeastern Indiana Building Trades Council, et al. (NFP)
02A03-1009-PL-534
Civil plenary. Affirms summary judgment for Northeastern Indiana Building Trades Council and other appellees in their suit challenging the common wage determination for renovation of a building.
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Opinions June 14, 2011

June 14, 2011
Indiana Supreme Court
Alva Curtis v. State of Indiana
49S02-1010-CR-620
Criminal. Reverses denial of Curtis’ motion to dismiss. The trial court should have granted Curtis’ motion to dismiss and discharge because the days that counted toward the Rule 4(C) period exceeded 365. Curtis is not entitled to dismissal on fundamental-fairness grounds because he has not been involuntarily committed and there hasn’t been an appropriate finding that he will never be restored to competency. Remands with instructions to dismiss the charging information.
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Opinions June 13, 2011

June 13, 2011


Indiana Court of Appeals
Antwon Abbott v. State of Indiana

34A02-1009-CR-1067
Criminal. Affirms convictions of and sentence for Class B felony possession of cocaine and Class A misdemeanor possession of marijuana. The trial court did not abuse its discretion in admitting into evidence the cocaine and marijuana found during the search of Abbott’s person. His argument fails that the statute that elevated his possession crime to a Class B felony is unconstitutionally vague as applied to him.

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Opinions June 10, 2011

June 10, 2011
Indiana Court of Appeals
Liberty Country Club v. Landowners of Country Club Estates Housing Development
81A01-1007-MI-364
Miscellaneous. Affirms summary judgment in favor of the landowners of the housing development, concluding that under the terms of the covenant, Liberty is required to provide potable water to the homeowners in the development.
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Opinions June 9, 2011

June 9, 2011
7th Circuit Court of Appeals
Harriett Ellis, et al. v. CCA of Tennessee LLC d/b/a Corrections Corporation of America
10-2768
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of CCA of Tennessee on the former jail nurses’ claims of racial discrimination, hostile work environment, and violations of the state whistleblower law. Although the District Court correctly determined there was no genuine issue of material fact related to the plaintiffs’ legal claims, the District Court erred with respect to its claim preclusion ruling. That was a harmless error.
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Opinions June 8, 2011

June 8, 2011
Indiana Supreme Court
Randy Edward Johnson v. State of Indiana
53S01-1106-CR-335
Criminal. Johnson failed to establish that his trial counsel was burdened by a conflict of interest sufficient to trigger the Sixth Amendment duty of inquiry under Holloway or Sullivan. Under similar circumstances, though, a judge should do more than simply pass a complaint by a defendant to the public defender’s office.
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Opinions June 7, 2011

June 7, 2011
Indiana Court of Appeals
Michael J. Gaby v. State of Indiana
79A02-1006-CR-804
Criminal. Reverses conviction of Class A felony child molesting and remands for new trial, stating the trial court erred in permitting the state to refresh the victim’s recollection by allowing her to read a previous statement she made. Holds that retrial will not violate double jeopardy grounds because sufficient evidence exists to support conviction.
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Opinions June 6, 2011

June 6, 2011

Indiana Court of Appeals
Estate of Verna D. Carter v. Holly F. Szymczak
71A04-1008-CT-472
Civil tort. Affirms jury verdict of $125,000 in favor of Szymczak on her negligence complaint against Carter alleging her negligence caused a car accident and injury to Szymczak. Based on the evidence, a reasonable jury could infer that Carter made an unsafe lane change, negligently causing the collision and injury to Szymczak. The trial court did not err in allowing the Permanent Partial Impairment rating evidence to be admitted.

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Opinions June 3, 2011

June 3, 2011
7th Circuit Court of Appeals
Maetta Vance v. Ball State University, et al.
08-3568
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment for the defendants and dismissal of discrimination lawsuit, stating the plaintiff failed to prove that her treatment at work was in any way affected by her race, and that the plaintiff did not prove that Ball State University was negligent in taking steps to remediate reported harassment.
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Opinions June 2, 2011

June 2, 2011
Indiana Court of Appeals
Larry Ault v. State of Indiana
49A04-1008-CR-492
Criminal. Reverses conviction of felony murder and remands for a new trial. There was sufficient evidence, without Ault’s testimony, to support a jury instruction on self-defense.
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Opinions June 1, 2011

June 1, 2011
Indiana Supreme Court
Jeffery Sloan v. State of Indiana
18S04-1009-CR-502
Criminal. Affirms convictions of and sentence for Class A felony and Class C felony child molesting. Holds once concealment has been established, statutes of limitations for criminal offenses are tolled under Indiana Code 35-41-4-2(h) until a prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant. Also holds that under the facts of this case, there was no double jeopardy violation because each challenged offense was established by separate and distinct facts. Justices Sullivan and Rucker dissent.
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Opinions May 31, 2011

May 31, 2011
Indiana Court of Appeals
Dennis Block v. Mark Magura
64A05-1012-PL-752
Civil plenary. Reverses summary judgment for Magura on Block’s lawsuit filed after Magura didn’t complete the purchase of Block’s interest in a partnership. The letter of intent is an enforceable contract because it contains the essential terms of the parties’ agreement and expresses their intent to be bound. Remands for summary judgment in favor of Block as to Magura’s liability for breach of contract and to conduct further proceedings with respect to damages.
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Opinions May 27, 2011

May 27, 2011
In the Matter of the Honorable William J. Hughes, Judge of the Hamilton Superior Court
29S00-1105-JD-279
Judicial discliplinary action. Reprimands Hamilton Superior Judge William J. Hughes, terminating disciplinary proceedings relating to the circumstances giving rise to the cause.
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Opinions May 26, 2011

May 26, 2011
Indiana Court of Appeals
Jerry French, et al. v. State Farm Fire & Casualty Company
18A02-1005-PL-489
Civil plenary. Affirms the trial court properly denied summary judgment for both parties on the question of whether the insurance policy terms covered the cost of replacing the Frenches’ manufactured home with a stick-built one. Remands with instructions to enter summary judgment in favor of State Farm on the Frenches’ coverage-by-estoppel claim because there is no dispute that coverage exists; to enter summary judgment for the Frenches on the question of reformation of the policy based on mutual mistake of fact and rescission of the policy based on concealment of material facts by the Frenches. Remands for trial on whether State Farm should be liable for the costs of a stick-built home.
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Opinions May 25, 2011

May 25, 2011
Indiana Court of Appeals
Estate of Bradley Kinser, et al. v. Indiana Insurance Company
29A02-1009-PL-1093
Civil plenary. Reverses summary judgment in favor of Indiana Insurance on its motion for declaratory judgment that it’s not obligated to cover any losses following Bradley Kinser’s accident and death while driving his girlfriend’s car because his policy excluded coverage for a vehicle furnished or available for his regular use. A genuine issue of material fact remains as to the scope and extent that Kinser felt he needed his girlfriend’s permission to drive her car, which affects the determination of whether the car was furnished or available for his regular use.
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Opinions May 24, 2011

May 24, 2011
Indiana Court of Appeals
S.W. by P.W. v. B.K.
71A03-1012-PO-655
Protective order. Reverses trial court’s denial of S.W.’s motion to correct error, remands for a hearing on civil contempt petition, and orders S.W. to be reimbursed $250 appellate filing fee. Held that Indiana code states filing fees will not be assessed for a proceeding seeking relief from or enforcement of a civil protective order.
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Opinions, May 23, 2011

May 23, 2011

Indiana Court of Appeals
Jimmie E. Jones, Jr. v. State of Indiana
29A02-1008-CR-935
Criminal. Affirms conviction for felony murder, stating that the trial court did not err by refusing Jimmie Jones’s tendered instructions on reckless homicide and involuntary manslaughter, as evidence suggests Jones knowingly and willingly killed the victim.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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