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Opinions Dec. 20, 2013

December 20, 2013
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7th Circuit Court of Appeals
Michael E. Garcia v. Carolyn W. Colvin
13-2120
Civil. Reverses the Social Security Administration’s denial of disability benefits for Michael E. Garcia, finding that the denial was riddled with error and that the record shows Garcia is among the most seriously disabled applicants for disability the Circuit Court has encountered. Remands to the Social Security Administration for proceedings consistent with the opinion.

Indiana Court of Appeals
Richard E. Simmons v. State of Indiana
55A01-1209-CR-444
Criminal. Affirms convictions of four counts of Class A felony attempted murder, two counts of Class D felony criminal recklessness while armed with a deadly weapon and one count each of Class D felony unlawful use of body armor and Class A misdemeanor possession of marijuana. There was ample evidence to convict Simmons of attempted murder, his jury was adequately instructed on the presumption he was innocent and his consecutive sentences were appropriate. Senior Judge Shepherd concurs in separate opinion.

Stephen Brakie v. State of Indiana
65A05-1304-CR-172
Criminal. Affirms conviction of Class A felony child molesting. There is sufficient evidence to sustain the conviction, and the trial court did not abuse its discretion by rejecting Brakie’s proposed jury instruction regarding the presumption of innocence.

In Re the Marriage of Melanie Davis and Angela Summers
53A01-1305-DR-221
Domestic relation. Reverses dismissal of Davis’ petition to dissolve her marriage with Summers. The parties’ marriage was not automatically voided when the trial court granted Davis’ petition to change her name and birth certificate and be identified as a female instead of a male. Remands for further proceedings.

Ronald Gaines v. State of Indiana
49A04-1303-CR-123
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy. Concludes that the return of service was not testimonial, and its admission did not violate Gaines’s rights under the Confrontation Clause.

Michael E. Zanussi v. State of Indiana
29A05-1304-CR-173
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness. The trial court did not abuse its discretion in denying Zanussi’s continuance nor in admitting letters Zanussi wrote from jail.

Shubham Chopra v. Shena Pendyala (NFP)
03A01-1305-SC-191
Small claim. Affirms judgment in favor of Pendyala on Chopra’s action seeking damages for the diminished value of Chopra’s car following a collision with the car driven by Pendyala.

James Mira v. State of Indiana (NFP)
49A04-1305-CR-245
Criminal. Affirms conviction of Class D felony theft.

Marcus R. Carter v. State of Indiana (NFP)
02A03-1304-CR-126
Criminal. Affirms eight-year sentence for Class C felony forgery.

Usman Alim Khan v. State of Indiana (NFP)
29A02-1306-CR-470
Criminal. Affirms denial of petition for alternative misdemeanor sentencing.

Timothy G. White v. State of Indiana (NFP)
09A04-1203-CR-140
Criminal. Affirms denial of petition for jail time credit.

In the Matter of the Termination of the Parent-Child Relationship of: S.T., Minor Child, T.T., Father v. Indiana Department of Child Services (NFP)
57A03-1304-JT-150
Juvenile. Affirms involuntary termination of parental rights.

Eugene L. Small v. Brandi L. Foster (NFP)
34A04-1306-JP-274
Juvenile. Affirms denial of father’s petition to modify custody.

In the Matter of the Termination of the Parent-Child Relationship of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Department of Child Services (NFP)
15A04-1303-JT-142
Juvenile. Affirms involuntary termination of parental rights.

Hervey Clanton v. State of Indiana (NFP)
20A05-1304-CR-194
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing cocaine within 1,000 feet of a family housing complex, one count of Class B felony possession of a firearm by a serious violent felon, and three counts of Class C felony neglect of a dependent.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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