ILNews

Opinions Dec. 20, 2012

December 20, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Joshua Beller, a minor, by his next friend and mother, Melissa Welch, et al. v. Health and Hospital Corp. of Marion County Ind., d/b/a Wishard Memorial Hospital d/b/a Wishard Ambulance Service
11-3691
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for the defendants on the plaintiffs lawsuit alleging violation of the Emergency Medical Treatment and Active Labor Act by failing to stabilize Welch and her son during an emergency medical situation. Because the Wishard ambulance was operating under the EMS protocol at the time the plaintiffs were in it, the plaintiffs had not come to the Wishard emergency department under the EMTALA, and the plaintiffs’ claim cannot succeed.

United States of America v. James Elliott
11-2766
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Finds the District Court committed no error in finding that Elliott’s burglaries occurred on different occasions for purposes of the ACCA. The burglaries occurred on different days and involved different residences and victims. Under any plausible construction of the statute’s different-occasions language, the burglaries constituted distinct criminal episodes. Reconsideration of the approach that this court adopted in Hudspeth would not lead to a different result on the facts of this case. To the extent that the statute produces results that are perceived as unjust, the problem is one for Congress to fix rather than this court.

Christopher Parish v. City of Elkhart, Indiana, et al.
11-1669
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Rudy Lozano.
Civil. Because the District Court’s rulings improperly limited the introduction of evidence relating to Parish’s innocence, and that evidence was critical to the damages issue, the award of damages cannot stand. The excluded evidence did not impact the jury’s consideration of the liability issue and that issue is not before us on appeal, and therefore a new trial is required only as to the damages issue. See Cobige v. City of Chicago, IL, 651 F.3d 780, 785 (7th Cir. 2011).  Accordingly, the jury’s determination of liability is affirmed, the award of damages is vacated, and the case remanded for a new trial as to the issue of damages only. Circuit Rule 36 shall apply on remand. Costs on appeal are to be taxed against appellees.

Indiana Court of Appeals
Jeffrey Higgenbottom v. State of Indiana (NFP)
49A05-1203-CR-108
Criminal. Affirms conviction of burglary, finding Higgenbottom is a habitual offender, and his 14-year sentence.

M.C.-G. v. M.G. (NFP)
29A02-1110-DR-978
Domestic relation. Dismisses wife’s appeal of the child custody and property division orders for lack of subject matter jurisdiction. Wife’s appeal of the modification order is timely, but the issues raised aren’t supported by a cogent argument. Denies husband’s request for appellate attorney fees.

Otto McGee v. State of Indiana (NFP)
49A02-1205-CR-376
Criminal. Affirms revocation of placement on home detention.

Michael B. Buckner v. State of Indiana (NFP)
36A05-1203-CR-166
Criminal. Affirms sentence for two counts of Class C felony incest.

In Re The Matter of the Adoption of A.S.P.: R.S.P. v. J.C.S. (NFP)

82A04-1205-AD-227
Adoption. Affirms denial of grandfather’s motion to intervene in a proceeding involving the adoption of his grandson.

Ronald Edward Madison v. State of Indiana (NFP)
71A04-1206-CR-332
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class C misdemeanor operator never licensed.

John Chupp v. State of Indiana (NFP)
49A05-1206-CR-328
Criminal. Affirms denial of motion to correct erroneous sentence.

Anthony Anderson v. State of Indiana (NFP)
49A02-1205-CR-429
Criminal. Remands with instructions to rectify clerical errors in Anderson’s abstract of judgment and chronological case summary.

Kevin W. Black v. State of Indiana (NFP)
02A03-1205-CR-209
Criminal. Affirms sentence for Class D felony battery and Class A misdemeanor resisting law enforcement.

The Marion County Sheriff's Department v. Gwendolyn Y. Davis, individually and as Administratrix of the Estate of Anthony J. Robinson, Jr. (NFP)
49A04-1201-CT-14
Civil tort. Affirms denial of summary judgment for the sheriff’s department regarding the estate’s claims, but reverses denial of summary judgment regarding Davis’ individual claims.

Term. of the Parent-Child Rel. of J.M., M.M., A.M., and S.M.: R.M. & H.M. v. The Indiana Dept. of Child Services (NFP)
04A03-1204-JT-184
Juvenile. Affirms involuntary termination of parental rights.

Netiko Jones v. State of Indiana (NFP)
49A05-1205-CR-222
Criminal. Affirms convictions of Class A felony dealing in cocaine within 1,000 feet of a public park, Class B felony possession of cocaine, Class A felony possession of three or more grams of cocaine with intent to deliver and Class A misdemeanor resisting law enforcement.

Joseph B. O'Brien v. State of Indiana (NFP)
08A02-1204-CR-330
Criminal. Affirms conviction of Class D felony operating a vehicle as a habitual traffic violator.
 

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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT