ILNews

Opinions April 30, 2014

April 30, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The following decisions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

United States of America v. James V. Carroll
13-2600
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Criminal. Affirms denial of motion to suppress following Carroll’s guilty plea to one count of possession of child pornography and six counts of sexual exploitation of a child. The information in the detective’s affidavit was sufficient to establish fair probability that the computer or other digital storage devices within Carroll’s home would contain evidence of child pornography or exploitation of a child, despite the fact that the photographs were taken approximately five years earlier.

Indiana Supreme Court
Ernesto Roberto Ramirez v. State of Indiana
45S05-1305-CR-331
Criminal. Affirms denial of Ramirez’s motion for a mistrial. Clarifies precedent that defendants are entitled to a rebuttable presumption of prejudice when they can show by a preponderance of the evidence that an unauthorized, extra-judicial contact or communication with jurors occurred, and that the contact or communication pertained to the matter before the jury. Ramirez failed to prove that a juror’s extraneous contact and communications related to his case.

Wednesday’s opinions
Indiana Court of Appeals

L.C. Neely Drilling, Inc. and Maverick Energy, Inc. v. Hoosier Energy Rural Electrical Cooperative, Inc.
49A02-1305-MI-457
Miscellaneous. Affirms ruling in favor of Hoosier Energy upon the parties’ cross-motions for partial summary judgment on Hoosier Energy’s motion seeking judgment that the lease between Maverick and Hoosier Energy had expired and quieting title in favor of Hoosier Energy.

Austin G. Pittman v. State of Indiana
06A05-1305-CR-243
Criminal. Affirms denial of Pittman’s petition to restrict access to the record of his criminal conviction. Affirms appellate court has jurisdiction over the case and rejects state’s argument that Pittman’s appeal should be dismissed.

Gary Community School Corporation v. Prince Lardydell b/n/f Erma Lardydell
45A03-1306-PL-230
Civil plenary. Affirms judgment in favor of Prince Lardydell by next friend Erma Lardydell and $120,000 in damages after Prince was attacked in the hall of his high school. Declines to second-guess the jury’s decision. Finds no error in the giving of Final Instruction 12 or allowing a former school board member to testify.

In Re the Adoption of L.T.: J.M. and S.M. v. C.T.
49A05-1310-AD-493
Adoption. Reverses order terminating guardianship entered in Hamilton County court. The probate court erroneously granted relief from the guardianship order upon concluding that it was void for lack of subject matter jurisdiction. Orders a hearing on the best interests of the child.

First Response Services, Inc. v. Vincent A. Cullers (Vincent A. Cullers Counterclaim Plaintiff v. First Response Services, Inc. Counterclaim Defendant)
41A01-1305-PL-224
Civil plenary. Affirms denial of attorney fees for First Response Services. Because the contract failed to comply with the requirements of the Home Improvement Contract Act, the company is not entitled to recover attorney fees in its lawsuit seeking payment from Cullers.

Clarenda Love v. Bruce Love (NFP)
32A01-1311-DR-504
Domestic relation. Affirms division of marital property.

Claricea D. Muse v. State of Indiana (NFP)
33A04-1309-CR-472
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Kristin A. Houssain v. State of Indiana (NFP)
89A04-1307-CR-330
Criminal. Affirms on interlocutory appeal the denial of Houssain’s motion to dismiss her forgery and attempting to obtain a controlled substance by fraud charges.

Yosef M. Hajaji v. State of Indiana (NFP)
43A03-1310-CR-407
Criminal. Affirms aggregate three-year sentence for Class D felony domestic battery.

Eric Davis v. State of Indiana (NFP)
49A05-1308-CR-415
Criminal. Affirms convictions of Class D felony intimidation, Class B misdemeanor public intoxication and Class B misdemeanor disorderly conduct.

Dillon W. Grissell v. State of Indiana (NFP)
90A02-1308-CR-737
Criminal. Affirms two convictions of Class C felony burglary.

Neil Short v. State of Indiana (NFP)
32A04-1308-PC-422
Post conviction. Affirms denial of petition for post-conviction relief.

Shannon L. Simons v. State of Indiana (NFP)
07A05-1308-CR-436
Criminal. Affirms revocation of probation and order Simons serve 90 days of her previously suspended sentence.

Alan Ramsey v. State of Indiana (NFP)
71A03-1308-CR-341
Criminal. Affirms convictions of Class C felony child molesting and Class A felony child molesting.

Timothy E. Strowmatt v. Jennifer Smith, Matt Penticuff, Misty Cecil (NFP)
33A01-1310-PL-441
Civil plenary. Affirms dismissal of Strowmatt’s civil rights complaint.

T.W. v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1310-EX-871
Agency action. Reverses dismissal of T.W.’s appeal by the Review Board of the Indiana Department of Workforce Development.

Heath Burgess v. State of Indiana (NFP)
79A02-1309-CR-754
Criminal. Affirms aggregate five-year sentence following guilty plea to Class A misdemeanor operating a vehicle while intoxicated and admittance to being a habitual substance offender.

Robin (Bankert) Hall v. Robert H. Bankert (NFP)
06A01-1304-DR-186
Domestic relation. Affirms order disposing of the then-pending issues involving the allocation of extraordinary uninsured medical expenses, tax deductions and the treatment of gratuitous support in a post-dissolution proceeding.

Howard Wilson v. State of Indiana (NFP)
49A05-1308-CR-384
Criminal. Affirms conviction of Class A misdemeanor battery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Wednesday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline Wednesday.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT