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
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
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
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
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)
Agency action. Affirms denial of claim for unemployment benefits.

M.M. v. State of Indiana (NFP)
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)
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)
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.

Jose Ayala Cuevas v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor criminal recklessness and Class B misdemeanor reckless driving.

Anna Marie Kelley v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class D felony auto theft.

David E. Matney v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony auto theft.

David Burroughs v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony burglary.

Paul Farrell v. Deborah Farrell (NFP)
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)
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)
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)
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 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?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.