Opinions Aug. 18, 2010

August 18, 2010
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7th Circuit Court of Appeals
United States of America v. Anna LaFaive, also known as Phyllis Click
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of and sentence for two counts of bank fraud and two counts of aggravated identity theft. 18 U.S.C. Section1028A criminalizes the use of both a living or deceased person’s identification. The District Court did not plainly err in calculating or imposing her sentence.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Hematology-Oncology of Indiana, P.C. v. Hadley W. Fruits, Personal Rep. for the Estate of Elizabeth Ann Cadou
Civil. Affirms award of attorney’s fees, costs, and expenses to the estate in its medical malpractice and wrongful death suit. Such an award is available under the Wrongful Death Act or the Adult Wrongful Death Act and the award doesn’t cause the estate’s recovery to exceed the cap provided in the Medical Malpractice Act.

Meridian Security Ins. Co., et al. v. Stefo Gubic, et al.
Civil. Affirms summary judgment in favor of Hoffman Adjustment Co. and Joe Hoffman in Meridian’s third-party complaint that Hoffman breached the terms of the Gubics’ insurance policy, failed to act in good faith, engaged in spoliation of evidence and fraud, committed unauthorized practice of law, and tortiously interfered with Meridian’s business and contractual relationships with the Gubics. Meridian’s claims aren’t actionable under Indiana law because Hoffman had no contractual relationship with Meridian in his capacity as a public adjuster and the Gubics’ agent.

David D. Hauk v. State of Indiana (NFP)
Criminal. Affirms aggregate 10-year sentence for operating while intoxicated as a Class D felony and for being a habitual substance offender.

Timothy and Sonia Platt v. Wachovia Dealer Services (NFP)
Civil plenary. Affirms dismissal of the Platts’ complaint against Wachovia regarding modification of their credit agreement with Wachovia.

Wardel Brown, III v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and sentence imposed.

Alvino Pizano v. State of Indiana (NFP)
Post conviction. Affirms calculation and assignment of credit time earned.

Linda Montalvo v. State of Indiana (NFP)
Criminal. Affirms 25-year sentence following guilty plea to Class A felony dealing in cocaine.

Terry L. Duckworth v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and execution of Duckworth’s previously suspended sentence.

Term. of Parent-Child Rel. of T.H.C.; T.C. & C.P. v. I.D.C.S. (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Clyde Edward Pryor v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class D felony attempted residential entry.

Term. of Parent-Child Rel. of K.N. and D.N.; J.P.N. v. Crawford County DCS (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Carlee Smith v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony burglary.

William P. Ruel v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony failure to return to lawful detention.

Adoption of N.W.; J.R. & L.R. v. I.D.C.S. (NFP)
Adoption. Affirms denial of petition for adoption of N.W.

Ryan Hade v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felonies robbery, unlawful possession of a firearm by a serious violent felon, resisting law enforcement, and three counts of criminal confinement.

William Sebastian, Jr. v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and remands for clarification.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.