ILNews

Opinions Feb. 11, 2011

February 11, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT