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
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
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
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)
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)
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)
Miscellaneous. Affirms dismissal of Fiedler’s petition for judicial review of an administrative permit.

Leroy H. Hall v. State of Indiana (NFP)
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)
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)
Criminal. Affirms denial of motion to suppress evidence.

B.G. v. J.B. (NFP)
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)
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)
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 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.

  2. (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.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL