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Opinions April 25, 2011

April 25, 2011
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7th Circuit Court of Appeals
United States of America v. Marcus Curlin
10-3033
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms District Court’s decision to deny motion to suppress, without an evidentiary hearing, stating Marcus Curlin failed to identify any disputed issues of fact that affect the outcome of the motion.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Melissa Kay Sneed v. State of Indiana
16A01-1010-CR-544
Criminal. Affirms denial of motion to reduce bail. Affirms amount of bail, but reverses court’s decision to require cash-only payment of bail, ruling court abused its discretion. Remands for further proceedings.

BP Products North America, et al. v. Indiana Office of Utility Consumer Counselor, et al.
93A02-0905-EX-490
Civil. Affirms Indiana Utility Regulatory Commission’s order, as it pertains to the contract with the City of Whiting. Reverses commission’s order as it applies to contracts with U.S. Steel, Ineos, Praxair, and Marsulex, stating the commission erred in its interpretation of the controlling statutes and case law. Remands with instructions that the commission vacate this portion of the order.

Richard Sigo, Jr. v. Prudential Property and Casualty Insurance Co.
25A03-1008-PL-406
Civil plenary. Affirms trial court’s finding that the probative value of Richard Sigo’s criminal trial for arson and acquittal was substantially outweighed by the danger of unfair prejudice to insurer.

Anthony Price, Jr. v. State of Indiana
79A05-1007-CR-529
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in cocaine, and Class A felony conspiracy to commit dealing in cocaine. States that the 40-year sentence is appropriate, given Price’s past felony record.

Sharon S. York, et al. v. Donald Fredrick, et al.
42A01-1008-PL-420
Civil plenary. Affirms dismissal of the Yorks’ claim of negligent infliction of emotional distress and grant of summary judgment in favor of defendants. The trial court did not err in granting summary judgment for the defendants as to the Yorks’ claims of breach of fiduciary relationship, gross negligence, and intentional infliction of emotional distress. Affirms trial court’s decision to deny the Yorks’ motion to strike the supplement to fact and reply brief filed by Robert Evans and Sexton Wilbert and the Yorks’ motion to reconsider granting leave to the defendants to file supplement to facts and reply brief.

Barry T. Owens v. State of Indiana
12A04-1008-CR-522
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine and one count of Class D felony maintaining a common nuisance, stating trial court did not abuse its discretion when it failed to hold a hearing to determine ability to reimburse the Public Defender Fund at the time of initial sentencing.

Allan B. Zukerman, et al. v. Robert L. Montgomery, et al.
49A02-1006-CC-803
Civil collection. Reverses trial court’s order granting motions to enforce a mediated settlement agreement on the basis that the settlement agreement is not sufficiently definite and certain so that the intention of the parties may be ascertained. Remands for further proceedings.

Liberty Mutual Fire Insurance Co. v. Gloria D. Tussey (NFP)
45A03-1005-CT-234
Civil tort. Affirms award of $100,000 in damages for underinsured motorist benefits claim.

Jerry Williams v. State of Indiana (NFP)
49A02-1008-CR-916
Criminal. Vacates order of restitution and remands for determination of appropriate restitution amount.

Dametrick M. Gray v. State of Indiana (NFP)
02A03-1008-CR-465
Criminal. Affirms conviction of Class B felony robbery.

Eric Nevels v. State of Indiana (NFP)
79A02-1006-CR-961
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in cocaine, Class A felony conspiracy to commit dealing in cocaine, and Class D felony maintaining a common nuisance.

Kurtis Shorter v. State of Indiana (NFP)
20A03-1010-CR-551
Criminal. Affirms sentences for Class D felony resisting law enforcement, Class A misdemeanor operating while license is suspended, and Class B misdemeanor of failure to stop after property damage accident.

Malcolm Armour v. State of Indiana (NFP)
49A02-1008-CR-879
Criminal. Reverses trial court’s denial of demand for trial setting and motion to transport defendant to Marion County Jail for purpose of trial preparation and competency evaluation. Remands for further proceedings.

Term. of Parent-Child Rel. of K.V.; P.V. v. IDCS (NFP)
64A04-1004-JT-236
Juvenile termination of parental rights. Affirms trial court’s determination that the mother freely and voluntarily relinquished her parental rights.

Calvert Byrd v. State of Indiana (NFP)
02A03-1009-CR-456
Criminal. Affirms convictions of Class A misdemeanor battery and Class A misdemeanor interference with the reporting of a crime.

Zuryzaday J. Flores v. State of Indiana (NFP)
49A04-1008-CR-485
Criminal. Affirms sentence for Class A felony criminal deviate conduct and Class B felony burglary.

Margaret Roupp, et al. v. Robert Roupp (NFP)
41A01-1007-MI-335
Miscellaneous. Reverses trial court’s denial of Family and Social Services Administration’s motion to correct error, and remands with instructions to vacate spousal support order.

Renee Wilson v. Indiana Horse Racing Commission (NFP)
49A02-1011-MI-1303
Miscellaneous. Affirms order dismissing with prejudice the petition for judicial review of a decision of the Indiana Horse Racing Commission granting Wilson only a conditional horse racing trainer’s license containing the restriction that the horses she trained be stabled in Indiana.

Marlonda Tigner v. State of Indiana (NFP)
49A02-1008-CR-906
Criminal. Affirms sentence following conviction of Class D felony theft and adjudication as an habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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