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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. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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