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Opinions July 11, 2013

July 11, 2013
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7th Circuit Court of Appeals
United States of America v. Danny Harmon
12-1502
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms convictions of marijuana conspiracy and related offenses and 360-month sentence. A trial continuance did not violate his Sixth Amendment right to a speedy trial and the disclosure of Harmon’s prior drug conviction did not deprive him of a fair trial. The court did not make a mistake in finding Harmon responsible for more than 10,000 kilograms of marijuana.

Indiana Court of Appeals
Lindsay Tatusko v. State of Indiana
29A04-1208-CR-413
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft. Tatusko’s electronic alteration of an authorized tip amount constitutes forgery. She also hasn’t shown she was denied effective assistance of trial counsel.

Kenneth Smith v. State of Indiana

49A02-1212-CR-1017
Criminal. Affirms order Smith pay $1,380 in restitution to William Kirkham. The trial court did not err when it allowed the state to present evidence at the restitution hearing of the victim’s actual loss that was not presented during Smith’s theft trial. The trial court also inquired into Smith’s ability to pay restitution.

In the Matter of the Paternity and Maternity of Infant T.
67A05-1301-JP-36
Juvenile. Reverses denial of father M.F.’s request to establish paternity and affirms the denial of surrogate M.F.’s petition to disestablish maternity. Her request is not cognizable so the trial court properly denied it. Indiana law presumes the birth mother is the child’s biological mother. Remands for the trial court to enter an order establishing M.F.’s paternity.

Robert M. Gates v. City of Indianapolis
49A04-1210-OV-503
Ordinance violation. Reverses denial of Gates’ request for a jury trial on three municipal ordinances the city alleges Gates violated. The nature of the underlying substantive claims brought against him is quasi-criminal, and he is entitled to a jury trial under Article I, Section 20 of the Indiana Constitution. Remands with instructions to grant the jury trial request.

Paul Monet Fontaine v. State of Indiana (NFP)

45A03-1211-CR-476
Criminal. Affirms sentence for Class C felony forgery.

Cecilia Kelly v. GEPA Hotel Owner Indianapolis LLC, GEPA Hotel Operator Indianapolis LLC, and Schindler Elevator Corporation (NFP)
49A04-1210-CT-509
Civil tort. Reverses grant of summary judgment in favor of GEPA Hotel Owners Indianapolis, GEPA Hotel Operator and Schindler Elevator Corp. on Kelly’s negligence lawsuit.

David L. Howard v. State of Indiana (NFP)

46A04-1212-PC-639
Post conviction. Affirms denial of petition for post-conviction relief.

Dana L. Smith v. James L. Smith (NFP
)
49A05-1210-DR-554
Domestic relation. Affirms order denying Dana Smith’s motion to correct error following the entry of the decree dissolving the Smiths’ marriage. Remands with instructions for the trial court to add an exhibit nunc pro tunc and to redistribute the decree to the parties.

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

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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