ILNews

Opinions April 9, 2013

April 9, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Nancie Cloe v. City of Indianapolis
12-1713
Civil/discrimination. Affirms District Court grant of summary judgment to Indianapolis on Nancy Cloe’s argument that the city failed to reasonably accommodate her injury, but reversed and remanded the District Court’s summary judgment against Cloe’s claims that she was discriminated against and faced retaliation for requesting a work accommodation be made because of her disability.

United States of America v. Tristan Davis

12-3552
Criminal. Affirmed the 18-month sentence for Tristan Davis on two counts of lying to gun dealers. However, the court pointed to confusion over how much discretion a prosecutor has in deciding to file a motion for a sentence reduction under U.S.S.G. 3E1.1(b). In this case, the prosecutor only filed a motion for a two-level reduction because Davis would not waive his right to appeal. Although the 7th Circuit acknowledged its decision in United States v. Deberry holds that section 3E1.1(b) confers an entitlement on the prosecutor, it also noted the courts of appeals have been split with some reaching a conclusion different from Deberry. Consequently, the 7th Circuit called upon the U.S. Supreme Court or the U.S. Sentencing Commission to resolve the conflict.

The following 7th Circuit opinion was released Monday after IL deadline.
NES Rentals Holdings, Inc., et al., v. Steine Cold Storage, Inc.
12-1401
Civil. Affirms District Court grant of summary judgment in favor of Steine Cold Storage, holding that the indemnification clause in an equipment-rental agreement does not expressly state, in clear and unequivocal terms as Indiana law requires, that Steine agreed to indemnify NES for NES’s own negligence.

Indiana Court of Appeals
Virgil D. Cornelious v. State of Indiana
49A04-1206-CR-335
Criminal. Affirms conviction of Class B felony aggravated battery and habitual offender determination resulting in a sentence of 30 years in prison, finding that the victim of a stabbing suffered serious permanent disfigurement and that applying the habitual offender statute was not an abuse of discretion.

Danielle Helms v. Max H. Rudicel, M.D., Open Door/BMH Health Clinic (a division of Cardinal Health Systems), Cardinal Health Systems, d/b/a Ball Memorial Hospital, et al.
18A04-1202-CT-70
Civil tort. Affirms in part, reverses in part and remands to the trial court. The federal decision is not res judicata as to BMH’s potential liability as the doctor and clinic’s apparent principal and there is a fact question as to such apparent agency; summary judgment for BMH was error. The trial court correctly found BMH might be vicariously liable for any act of Dr. Max Rudicel or a nurse practitioner at BMH.

Adam Morris v. State of Indiana
14A05-1209-CR-495
Criminal. Affirms the one-year, fully executed sentence of Adam Morris but reverses the trial court’s order that Morris pay $14,972.45 restitution. The Court of Appeals found his sentence to be appropriate, given his character and his offense, and it held although the terms of probation were included in the plea agreement, the lower court was not required to grant probation. However the COA ruled the trial court could not order Morris to pay restitution since the plea agreement made no mention of restitution.

Jorge L. Gonzalez v. State of Indiana (NFP)
20A05-1206-CR-335
Criminal. Affirms three convictions of Class A felony dealing in cocaine and 50-year sentence.

Jeffrey L. Jones v. State of Indiana (NFP)
87A05-1210-CR-546
Criminal. Affirms conviction of Class B misdemeanor battery.

Antonio L. Freeling v. State of Indiana (NFP)

02A05-1210-CR-556
Criminal. Affirms conviction of Class C felony robbery.

In Re: The Paternity of J.M., Jo.M. v. M.J. (NFP)
55A01-1210-JP-477
Juvenile paternity. Remands trial court order that father Jo.M. pay educational support for his daughter, ordering clarification of the order and father’s obligations to pay toward educational support and child support arrearage.

Darnell Chivers v. State of Indiana (NFP)

24A01-1205-PC-206
Post conviction. Affirms denial of relief from his 20-year sentence for convictions of Class B felony counts of armed robbery and two counts of Class B felony criminal confinement.

Stanley Short v. State of Indiana (NFP)
69A01-1204-CR-154
Criminal. Affirms conviction of Class C felony escape.

Darnell Tinker v. State of Indiana (NFP)
02A03-1112-CR-587
Criminal. Reaffirms on rehearing conviction for unlawful possession of a firearm by a serious violent felon and his sentence as a habitual offender.

Tori R. Driver v. Todd W.A. Driver (NFP)
20A04-1208-DR-437
Domestic relations. Reverses and remands modification of child support, instructing the trial court  to include father’s bonuses as part of weekly gross income for calculation purposes.

William Gordon v. Toyota Motor Manufacturing of Indiana (NFP)
93A02-1211-EX-910
Executive administration/workers compensation. Vacates the board’s decision adopting and affirming the decision of the single hearing member and remands to the board with instructions to issue findings of fact and conclusions which comport with the Indiana Administrative Orders and Procedures Act such that the court can conduct, if necessary, appellate review of the board’s determination.

Termaine T. Fields v. State of Indiana (NFP)

02A03-1206-CR-278
Criminal. Affirms conviction of Class D felony residential entry, Class A misdemeanor domestic battery and determination as a habitual offender.

In Re The Marriage of Laura R. Chickadaunce and Mark A. Chickadaunce; Laura R. Chickadaunce v. Mark A. Chickadaunce (NFP)
77A01-1206-DR-287
Divorce. Affirms dissolution of marriage order.

John T. Haub, Jr. v. State of Indiana (NFP)
88A01-1206-CR-297
Criminal. Affirms in part, reverses in part and remands convictions of two Class C felony counts of burglary, three Class C felony counts of auto theft, a Class C felony count of receiving stolen auto parts, a Class A misdemeanor count of driving while suspended and an adjudication as a habitual offender. Remanded with instructions to vacate the second burglary conviction and to correct the sentencing order to provide that the habitual offender enhancement applies to a particular offense.

Justin M. Lewis v. State of Indiana (NFP)
12A04-1210-CR-556
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/april/04091302tac.pdf
Criminal. Affirms convictions of Class D felony counts of criminal confinement and domestic battery; Class A misdemeanor counts of possession of marijuana and possession of paraphernalia; a Class B misdemeanor count of criminal mischief and adjudication as an habitual offender.

Dennis Fahlsing v. Shannon Fahlsing and Angela Taylor (NFP)
57A05-1211-CC-584
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/april/04091302par.pdf
Collections. Affirms denial of summary judgment in favor of defendants and order staying the action and compelling arbitration.

Robert Hamilton v. Jerry Ablitar (NFP)

07A04-1209-SC-496
Small claims. Affirms judgment in favor of Ablitar.

Enri Franklin v. State of Indiana (NFP)
49A05-1209-CR-464
Criminal. Affirms conviction of Class B misdemeanor public intoxication. 

Martize Sevion v. State of Indiana (NFP)
18A04-1207-CR-384
Criminal. Affirms in part and reverses in part convictions on two counts of Class B felony criminal confinement, two counts of Class C felony intimidation and one count of Class D felony pointing a firearm, and adjudication as a habitual offender. The pointing a firearm conviction must be reversed as double-jeopardy.

Indiana Supreme Court and Indiana Tax Court issued no opinions Tuesday by IL deadline.
 

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