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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. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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