ILNews

Opinions Aug. 18, 2010

August 18, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT