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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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