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Opinions Aug. 10, 2010

August 10, 2010
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7th Circuit Court of Appeals
United States of America v. Jermarcus Robinson
09-3955
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of possession with intent to distribute crack cocaine. The District Court correctly refused to suppress the cocaine police officers pulled from Robinson’s buttocks after a traffic stop. The officer wasn’t satisfied with his initial effort to pat down Robinson and was justified to return to finish the job within the bounds outlined in Terry.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Joey Wilson v. State of Indiana
49A02-1001-CR-60
Criminal. Affirms convictions of receiving stolen auto parts as a Class C felony and driving while suspended as a Class A misdemeanor. Wilson waived for review his argument that the trial court erred in allowing the state to amend the charging information on the day before his trial was to begin. He failed to request a continuance to prepare for his defense. Wilson also failed to prove that the admission of his unredacted BMV record made it impossible for him to receive a fair trial.

Indiana Spine Group v. Pilot Travel Centers
93A02-1003-EX-315
Civil. Reverses dismissal by the Full Worker’s Compensation Board of ISG’s claim pursuant to Indiana Code Section 22-3-3-27. The two-year statute of limitations in that statue doesn’t apply. Remands for determination on the merits of ISG’s application for adjustment of claim for provider fee.

City of Indianapolis v. Cynthia Hicks on behalf of and as next friend of Jada Richards, a minor
49A02-1002-CT-95
Civil tort. Affirms nunc pro tunc order granting Hicks’ motion to correct error and reinstating her negligence suit brought against the City of Indianapolis on behalf of her minor child. The city waived any challenge based on the magistrate’s lack of authority to sign the order by not objecting until after time for ruling on the motion to correct error expired. The CCS entries provide a sufficient basis to later issue the order. The grant of the motion to correct error wasn’t an abuse of discretion because the city didn’t show noncompliance with the tort claim notice requirements of the Indiana Tort Claims Act.

Ryan Armstrong v. State of Indiana (NFP)
79A02-1002-CR-107
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle while intoxicated, and Class A misdemeanors possession of marijuana and possession of paraphernalia.

Roosevelt Williams v. State of Indiana (NFP)
49A02-0911-PC-1124
Post conviction. Affirms denial of petition for post-conviction relief.

Timothy A. Stevens v. State of Indiana (NFP)
45A05-0912-CR-723
Criminal. Affirms convictions of and sentences for Class C felonies forgery, and fraud on a financial institution, and three counts of Class D felony theft.

Thompson Thrift Construction Inc. v. Bank of Indiana, N.A. (NFP)
84A05-1001-PL-24
Civil plenary. Affirms summary judgment for Bank of Indiana in Thompson Thrift Construction’s attempt to foreclose its mechanic’s lien on a parcel of real estate on which the bank held three mortgages.

Indiana Spine Group v. Scenic Hills Care Center (NFP)
93A02-1003-EX-313
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for provider fee. Remands for further proceedings.

Indiana Spine Group v. All Seasons Holdings (NFP)
93A02-1003-EX-316
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for provider fee. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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