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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
09-2344
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
49A05-0910-CV-556
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.
45A03-0911-CV-538
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)
20A05-1003-CR-161
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)
49A05-1002-PL-148
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)
48A05-1001-CR-2
Criminal. Affirms revocation of probation and sentence imposed.

Alvino Pizano v. State of Indiana (NFP)
45A04-1003-PC-220
Post conviction. Affirms calculation and assignment of credit time earned.

Linda Montalvo v. State of Indiana (NFP)
12A02-0909-CR-931
Criminal. Affirms 25-year sentence following guilty plea to Class A felony dealing in cocaine.

Terry L. Duckworth v. State of Indiana (NFP)
48A02-1001-CR-84
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)
71A04-1001-JT-104
Juvenile. Affirms involuntary termination of parental rights.

Clyde Edward Pryor v. State of Indiana (NFP)
71A04-0912-CR-748
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)
13A04-1002-JT-88
Juvenile. Affirms involuntary termination of parental rights.

Carlee Smith v. State of Indiana (NFP)
71A04-1002-CR-53
Criminal. Affirms conviction of Class C felony burglary.

William P. Ruel v. State of Indiana (NFP)
45A03-0911-CR-515
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)
79A04-1003-AD-180
Adoption. Affirms denial of petition for adoption of N.W.

Ryan Hade v. State of Indiana (NFP)
02A05-1002-CR-102
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)
14A01-1001-CR-20
Criminal. Affirms revocation of probation and remands for clarification.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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