ILNews

Opinions Jan. 28, 2014

January 28, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Monday.

Bitler Investment Venture II, LLC, et al. v. Marathon Petroleum Company LP, et al.
12-3722.
Civil. Affirms in part, reverses in part a $269,000 judgment in favor of Bitler. Remands with instructions to double damages awarded under Michigan’s laws regarding doctrine of waste for properties that Marathon failed to maintain and were ultimately condemned. Reverses dismissal of certain contract claims and remands to the District Court for the Northern District of Indiana for trial on those issues.

Indiana Court of Appeals
Tammy Lou Kelly v. State of Indiana
09A04-1303-CR-98
Criminal. Reverses trial court’s ruling that Tammy Lou Kelley is guilty but mentally ill after she attacked her boyfriend’s young daughter. Finds the lower court did not have sufficient probative evidence to disregard two psychiatrists’ conclusions that Young was unable to appreciate the wrongfulness of her actions at the time of the attack. Remands with instructions for the trial court to enter a finding of not guilty by reason of insanity.  

Wayne Campbell v. State of Indiana
13A05-1304-PC-201
Post conviction. Affirms denial of relief from a conviction of Class B felony burglary, holding that Campbell failed to establish that he received ineffective assistance of counsel. Campbell unsuccessfully argued that his trial counsel should have objected to an Indiana Pattern Jury Instruction regarding the definition of intent. Tension exists as to whether part of the instruction is a correct statement of law, and the Supreme Court has yet to resolve the issue.

Audie Wilson v. State of Indiana
49A02-1210-CR-846
Criminal. Affirms convictions of Class B felony and Class C felony counts of sexual misconduct with a minor and Class B felony attempted sexual misconduct with a minor. The court rejected appellate arguments that nicknames or aliases used by Wilson were improperly admitted and that the jury was improperly instructed with regard to Wilson’s defense that he had a reasonable belief that the victim was older than 16.

Jeremy Schath v. State of Indiana
16A05-1308-CR-433
Criminal. Reverses Class C misdemeanor conviction of chasing wildlife on private property without the consent of the owner, finding that the undisputed evidence showed Schath entered the property only for the purpose of retrieving a dog that had wandered from property where Schath had permission to hunt.

Allen County Public Library v. Shambaugh & Son, L.P., Hamilton Hunter Builders, Inc., W.A. Sheets & Sons, Inc., and MSKTD & Associates, Inc.
02A04-1302-PL-78
Civil plenary. On rehearing, reaffirms opinion in all respects that the library was entitled to pursue damages from defendants for diesel pollution that affected surrounding properties during a construction project, rejecting arguments raised for the first time on rehearing that there was no contamination outside the project area and that caselaw on which the defense relied was wrongly decided.

Michael Johnson v. State of Indiana (NFP)
49A02-1307-CR-590
Criminal. Affirms convictions of seven counts of Class A felony and three counts of Class C felony child molesting and habitual offender finding.

Jesse Imel v. State of Indiana (NFP)
48A04-1306-CR-280
Criminal. Affirms conviction and 18-year sentence for Class B felony incest.

John Collins v. State of Indiana (NFP)
15A01-1306-CR-277
Criminal. Affirms conviction of Class D felony auto theft.

Thomas A. Christopher v. Mike Raisor Imports (NFP)
79A05-1304-SC-214
Small claims. Affirms judgment in favor of Mike Raisor Imports.

In the Matter of the Involunatary Termination of the Parent-Child Relationship of K.B., Minor Child, and Her Mother, M.B., M.B. v. Indiana Department of Child Services (NFP)

69A05-1305-JT-230
Juvenile. Affirms termination of parental rights.

Raul Fuentes v. State of Indiana (NFP)
02A03-1306-CR-223
Criminal. Affirms conviction of three counts of Class A felony and four counts of Class C felony child molesting.

Eleanor L. Mitchell v. RIH Acquisitions IN, LLC, d/b/a Resorts East Chicago (NFP)
45A03-1306-CT-226
Civil tort. Affirms jury verdict that defendants were not at fault for Mitchell’s injuries sustained in a fall in a casino parking lot.

Charles A. DePree v. State of Indiana (NFP)
20A05-1308-PC-420
Post conviction. Affirms post-conviction court’s grant in part and denial in part of a petition for relief from a conviction of Class B felony dealing in methamphetamine.

Reginal Exson v. State of Indiana (NFP)
79A02-1306-CR-490
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Indiana Supreme Court  and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.






 

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. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

ADVERTISEMENT