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Opinions Feb. 11, 2011

February 11, 2011
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7th Circuit Court of Appeals
Mouhamadou M. Sow v. Fortville Police Department, et al.
10-2188
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young
Civil. Affirms District Court’s grant of summary judgment to the Fortville Police Department, Officer Michael Fuller of the Fortville Police Department, and the McCordsville Police Department. Sow’s action was brought under 42 U.S.C. sections 1983, 1985, and 1986 after he was arrest for forgery but the charges were later dropped. Sow also alleged numerous state law claims, asserting that the District Court had supplemental jurisdiction over those claims.

The Indiana Supreme Court
In the Matter of Patrick K. Rocchio
98S00-0911-DI-533
Discipline. Suspends Rocchio from the practice of law for at least 180 days without automatic reinstatement. He was charged with violating Indiana Professional Conduct Rules 7.2(c)(3) and 5.5(b)(2), but found to also have violated 7.2(d)(2), 7.3(c). His conduct during the disciplinary process demonstrates his inability to recognize his clear violations of this state's disciplinary rules, his contempt for those rules and this disciplinary process, and his lack of appreciation for the role of the court's hearing officer and Disciplinary Commission members and staff led to his suspension without automatic reinstatement. Justice Rucker dissents to length of suspension.

Indiana Court of Appeals
Amir H. Sanjari v. State of Indiana
20A03-1007-CR-384
Criminal. Vacates Sanjari’s conviction and five-year sentence on his second count of Class C felony nonsupport of a dependent due to double jeopardy constraints. Affirms his conviction of and five-year sentence for the first count of Class C felony nonsupport of a dependent, with fines, costs, and restitution.

Alexander R. Pala v. Annare L. Pala Loubser
91A05-1004-DR-271
Civil. Affirms trial court’s grant of Loubser’s motion to terminate maintenance award. Based upon review of the record, the appellate court can’t say that the evidence leaves them with the firm conviction that a mistake was made or that the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it.

T.L. v. Review Board of the Indiana Dept. of Workforce Development
93A02-1007-EX-773
Civil. Reverses and remands denial of T.L.’s motion to reinstate his appeal from an adverse determination of his claim for unemployment benefits. The following issue was presented for review: whether the board abused its discretion by adopting the findings and conclusions of the director, thereby affirming the denial of the request to reinstate T.L.’s appeal.

P.K.E. v. Review Board of the Indiana Dept. of Workforce Development and D.Z.
93A02-1007-EX-799
Civil. Affirms administrative law judge’s decision that P.K.E. had not discharged D.Z. for just cause and D.Z. was therefore entitled to unemployment benefits. The review board affirmed the ALJ’s decision and P.K.E. appealed.

David Martinez Zarate v. State of Indiana (NFP)
54A01-1007-CR-356
Criminal. Affirms sentence for conviction of dealing in cocaine, a Class B felony.

Juan Salazar-Arvisu v. State of Indiana (NFP)
20A03-0908-PC-379
Post-conviction. Affirms denial of petition for post-conviction relief.

Anthony A. Coffey v. State of Indiana (NFP)
27A02-1006-CR-753
Criminal. Affirms revocation of probation.

William T. Sexton v. State of Indiana (NFP)
71A05-1005-CR-352
Criminal. Affirms convictions of Class B misdemeanor false informing and Class D felony attempting to acquire a legend drug by fraud, deceit, misrepresentation, or subterfuge.

Robert W. Gard v. State of Indiana (NFP)
20A03-1004-CR-249
Criminal. Reverses trial court’s grant of the state’s motion for relief from order, which set aside its previous order granting Gard’s motion to suppress.

Michael J. Huffman v. State of Indiana (NFP)
48A02-1003-PC-421
Post-conviction. Affirms denial of petition for post-conviction relief.

Paternity of C.F.; Rita K. Manns v. Richard A. Faler (NFP)
37A04-1009-JP-573
Juvenile. Reverses and remands order of the trial court emancipating Manns’ son and terminating the support obligation of Faler.

William E. Cathey v. State of Indiana (NFP)
82A01-1006-CR-314
Criminal. Affirms sentence following convictions of two counts of Class D felony theft.

Candace Brewer v. State of Indiana (NFP)
29A02-1008-CR-1024
Criminal. Affirms conviction of Class D felony possession of a controlled substance.

Donald R. Tweedy v. State of Indiana (NFP)
55A01-1007-CR-327
Criminal. Affirms convictions of maintaining a common nuisance as a Class D felony, and driving while suspended as a Class A misdemeanor.

David Alan Davis Sr. v. State of Indiana (NFP)
48A02-1005-CR-648
Criminal. Reverses termination from the Madison County Drug Court Program and remands with instructions.

Michael Todd Hughes v. State of Indiana (NFP)
34A02-1008-CR-891
Criminal. Affirms denial of Hughes’ motion to withdraw his guilty plea.

James E. McGee v. State of Indiana (NFP)
45A04-1007-CR-413
Criminal. Affirms conviction of two counts of child molesting as Class A felonies.

Kenneth L. Duckworth Jr. v. State of Indiana (NFP)
35A04-1009-CR-543
Criminal. Affirms trial court’s finding Duckworth is a habitual offender following his three convictions for dealing in a controlled substance, one as a Class A felony and the other two as Class B felonies.

The Indiana Tax Court posted no opinions before IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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