Opinions Feb. 1, 2011

February 1, 2011
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7th Circuit Court of Appeals
United States of America v. Derrick L. Bullock
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Bullock pled guilty to possession with intent to distribute at least five grams but less than fifty grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). His plea was conditioned on his ability to appeal the District Court’s denial of his motion to suppress evidence of the crack that led to his conviction. Affirms District Court ruling there was reasonable suspicion to detain Bullock during the search, probable cause existed to arrest Bullock for visiting a common nuisance under Indiana law after police found marijuana in plain view and other evidence of recurrent and widespread drug activity within the residence. His detention was lawful under principles set forth in Terry v. Ohio, and the subsequent arrest was supported by probable cause.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Walsh & Kelly, Inc. v. International Contractors, Inc., et al.
Civil plenary. Affirms judgment in favor of Signature Properties Inc. with respect to Signature’s claim that it was not fully indemnified for its damages by a collateral assignment agreement and with respect to Signature’s claim that Walsh & Kelly slandered the title of Signature’s property. The agreement does not fully indemnify Signature such that Signature has not suffered a pecuniary loss. By filing an action to foreclose the lien instead of releasing the lien after it received notice that it was not legally entitled to file the lien, Walsh acted with reckless disregard for the truth.

L.C. v. R.C. (NFP)
Domestic relation. Affirms dissolution order distributing the parties’ property, awarding primary physical custody of the children to mother R.C., and granting R.C.’s motion to relocate.

Charles Pennington v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty pleas to Class B misdemeanor public intoxication, Class D felony operating a vehicle while intoxicated with a prior conviction, Class D felony possession of a controlled substance, and Class D felony possession of a legend drug in three separate causes.

Joshua Hooten v. State of Indiana (NFP)

Criminal. Affirms revocation of probation.

David Harrold v. Robert Thornburg, Personal Rep. of the Estate of Roland Walker (NFP)

Civil. Affirms judgment in favor of Robert Thornburg, as the personal representative of the estate of Roland J. Walker in the estate’s action against Harrold as a result of Harrold’s transfer of real estate to himself while acting as attorney-in-fact for the decedent, Roland J. Walker .

Indiana Tax Court had posted no opinions at IL deadline.



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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.