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Opinions Aug. 8, 2011

August 8, 2011
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7th Circuit Court of Appeals
United States of America v. Wanda Joshua, et al.
10-2140, 10-2181, 10-2182
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Philip Simon.
Criminal. Affirms convictions of two counts of mail fraud. Although the evidence of the mailing element of mail fraud was thin, it was enough to send the case to the jury. Finds the defendants arguments that Skilling v. United States requires the court to set aside their convictions, and that the District Court improperly instructed the jury regarding their advice-of-counsel defense have no merit.

United States of America v. Anthony Rutledge
10-2734
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Because the 7th Circuit couldn’t find the necessary credibility finding in the trial record, the judges were unable to make an informed decision about the District Court’s decision to deny the Batson challenge. Remands to the District Court for further proceedings as outlined in the opinion.

United States of America v. Wynell Gray
10-3936
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms convictions of Medicaid fraud and conspiracy to defraud the government and a sentence of 33 months in prison and $846,115 in restitution to Indiana Medicaid. Even if the timestamp evidence were Brady material that the prosecution had concealed from the defense, that concealment wouldn’t have been a reversible error because the evidence would not have changed the outcome of the trial assuming the jury was reasonable. The judge’s declining to tell the jury that a witness had refused treatment at the courthouse for an illness before testifying was proper. A person will often refuse treatment because he is feeling better, not just because he is trying to not testify.

Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
Karamchand Paul, et al. v. Home Bank SB
55A01-1012-MF-635
Mortgage foreclosure. Affirms summary judgment for Home Bank SB and the denial of summary judgment for Drs. Paul, Singh, and Ansari regarding guaranties for a subordinate loan. The superior loan and the subordinate loan were two entirely separate contractual transactions, and the integration clause in the superior guaranty integrated only those agreements that were part of the negotiations directly leading to the superior loan. The doctors can’t now complain that the bank failed to advise them as to the meaning of the superior guaranty because they failed to read the guaranty or seek the advice of legal counsel before signing.

Brad Curtis and Rhonda Curtis v. The National Insurance Group and Celina Insurance Group (NFP)
01A05-1011-CT-718
Civil tort. Affirms summary judgment for The National Mutual Insurance Co. and Celina Insurance Group on the Curtises’ complaint for damages for breach of contract, violation of Indiana insurance law, and bad faith.

Paul Davis v. State of Indiana (NFP)
49A02-1012-CR-1445
Criminal. Affirms order that Davis serve the entirety of his previously suspended sentence following a probation violation.

Robert Fiedler v. Indiana Office of Environmental Adjudication, et al. (NFP)
49A02-1011-MI-1263
Miscellaneous. Affirms dismissal of Fiedler’s petition for judicial review of an administrative permit.

Leroy H. Hall v. State of Indiana (NFP)
49A02-1101-PC-65
Post conviction. Reverses denial of petition for post-conviction relief and remands for a hearing and decision consistent with the Indiana Rules of Post-Conviction Relief.

Phillip D. Fairholm v. State of Indiana (NFP)
48A02-1101-CR-84
Criminal. Affirms order that Fairholm serve the entire five years of his suspended sentence following the revocation of probation.

Joseph Lundy v. State of Indiana (NFP)
49A04-1012-CR-765
Criminal. Affirms denial of motion to suppress evidence.

B.G. v. J.B. (NFP)
52A02-1101-DR-11
Domestic relation. Dismisses B.G.’s appeal of the order modifying custody of his children, parenting time, and child support.

Alex Callison v. State of Indiana (NFP)
28A01-1103-CR-133
Criminal. Affirms sentence following guilty plea to Class A felony burglary, Class B felony rape, Class B felony criminal deviate conduct, and Class D felony intimidation.

Jerome Williams v. State of Indiana (NFP)
49A04-1008-PC-547
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 16 cases for the week ending Aug. 5.
 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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