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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. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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