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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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