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Opinions Feb. 27, 2014

February 27, 2014
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7th Circuit Court of Appeals
United States of America v. John A. Peters III
12-3830
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms denial of motion to suppress evidence discovered during the search of a car in which Peters was a passenger. The District Court committed no error in crediting the testimony of an experienced police officer who, after observing two cars traveling in tandem for a period of time, said he credibly believed that the trailing car was approximately 75 feet behind the lead car at a speed of approximately 60 miles-per-hour. If an officer knowing these facts could reasonably conclude that this combination of speed and distance violated Indiana law, that is all that is necessary to support probable cause.

Indiana Court of Appeals
State of Indiana v. Chad Bryant
32A01-1306-CR-282
Criminal. Reverses dismissal of charges against Bryant for Class D felony operating a vehicle as a habitual traffic violator. The state properly charged Bryant with Class D felony operating a vehicle as an HTV as a matter of law, and that the trial court abused its discretion when it granted Bryant’s motion to dismiss.

State of Indiana v. Michael E. Cunningham
19A05-1310-CR-489
Criminal. Affirms grant of Cunningham’s motion to suppress marijuana and a marijuana pipe. The state has failed to establish that Cunningham’s purported consent to the pat down was constitutionally valid. As such, the discovery of the marijuana in the pill bottle during the illegal pat down and the subsequent discovery of the pipe must be suppressed as fruits of the poisonous tree. Judge Brown dissents.

In the Matter of the Termination of the Parent-Child Relationship of: J.G. and C.G. (Minor Children) and B.G. (Mother) v. The Indiana Department of Child Services
84A05-1305-JT-219
Juvenile. Dismisses mother’s appeal of order terminating her parental rights to two of her seven children. The mother forfeited her right to appeal because she failed to file a timely notice of appeal.

Kathy K. Brunner v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1307-EX-592
Agency action. Affirms denial of claim for unemployment benefits.

M.M. v. State of Indiana (NFP)
49A05-1307-JV-367
Juvenile. Affirms adjudication as a delinquent child for committing an act that would be Class A misdemeanor criminal mischief if committed by an adult.

Brad S. Brown v. State of Indiana (NFP)
90A02-1306-CR-485
Criminal. Reverses conviction of Class C felony robbery and affirms convictions of Class B felony robbery and Class D felony domestic battery.

Michael L. Wilson v. State of Indiana (NFP)
20A04-1109-CR-531
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.

Jose Ayala Cuevas v. State of Indiana (NFP)
29A04-1306-CR-298
Criminal. Affirms convictions of Class A misdemeanor criminal recklessness and Class B misdemeanor reckless driving.

Anna Marie Kelley v. State of Indiana (NFP)
27A05-1307-CR-333
Criminal. Affirms conviction and sentence for Class D felony auto theft.

David E. Matney v. State of Indiana (NFP)
55A01-1308-CR-372
Criminal. Affirms conviction of Class D felony auto theft.

David Burroughs v. State of Indiana (NFP)
49A04-1307-CR-360
Criminal. Affirms conviction of Class C felony burglary.

Paul Farrell v. Deborah Farrell (NFP)
40A01-1307-DR-305
Domestic relation. Affirms in part. Concludes that the trial court did not abuse its discretion in the calculation and distribution of the marital estate. Remands with instructions for the trial court to replace the joint and several liability language consistent with its intent that the medical debt be equally divided between the parties.

Johnny D. Wayt v. State of Indiana (NFP)
36A05-1307-PC-338
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Civil Commitment of: E.G. v. Eskenazi Health Midtown Community Mental Health Center (NFP)
49A02-1308-MH-724
Mental health. Affirms order concluding that Midtown proved by clear and convincing evidence that E.G. was dangerous to others and ordering him to take his prescribed medications.

Rapkin Group, Inc., as a minority Member on behalf and for the benefit of The Eye Center Group, LLC and Surgicenter Group, LLC. v. L. Marshall Roch, M.D. and Lynnette M. Watkins, M.D. (NFP)
18A02-1302-CT-193
Civil tort. Affirms summary judgment in favor of Drs. Roch and Watkins in Rapkin’s claim for actual fraud, constructive fraud and breach of fiduciary duty.

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

 

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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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