7th Circuit Court of Appeals
Louis
and Karen Metro Family LLC, et al. v. Lawrenceburg Conservancy District, et al.
09-2418, -2482
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussman.
Civil. Affirms the City of Lawrenceburg and the Lawrenceburg Conservancy District breached their contract with the Metros
to convey land to the Metros based on the option contract their company held. Vacates decision to reform the contract to change
the date by which the option could be exercised from 18 months after completion of the project to 18 months after the date
of the District Court opinion. Remands for further proceedings to calculate damages and to assess costs against the district
and city.
United
States of America v. David Diaz-Gaudarama
09-4048
U.S. District Court, Southern District of Indiana, New Albany Division, Judge David F. Hamilton.
Criminal. Affirms District Court denial to credit Diaz-Gaudarama with the two-point reduction for acceptance of responsibility.
The District Court properly relied on the last-minute nature of Diaz-Gaudarama’s guilty plea and his own statements
during his plea colloquy don’t reflect remorse. He had even faked psychological illness in an attempt to evade punishment.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
S.T.
v. Community Hospital North In-Patient Psychiatric Unit
49A04-0910-CV-617
Civil. Affirms temporary involuntary commitment of S.T. There is sufficient evidence to support the commitment for a period
of no more than 90 days. Declines to change the standard of review in cases involving sufficiency of evidence required for
involuntary commitment.
Eric
C. Danner v. State of Indiana
71A03-1001-CR-13
Criminal. Affirms convictions of dealing in cocaine, possession with intent to deliver over three grams as a Class A felony
and possession of marijuana as a Class A misdemeanor. The decision of the corporal to impound Danner’s car, which was
later approved by her supervisor, was valid under paragraph K of the written police department policy and the evidence was
properly admitted. The corporal’s observation of the marijuana was a proper plain view observation providing the officer
with probable cause, and the search of the car doesn’t violate state or federal constitutional rights.
Elizabeth
Bernel v. Jeffrey A. Bernel
46A03-0911-CV-511
Civil. Affirms denial of injunctive relief for Elizabeth. Reverses conclusion that the settlement agreement didn’t
require Jeffrey to refinance or otherwise satisfy the outstanding balance on the JP Morgan Bank line of credit as necessary
to remove the lien of debt from that account. Remands for the dissolution court to enter a money judgment in the amount of
$950,000 for Elizabeth and against Jeffrey and to determine a reasonable amount of attorney fees. Holds Elizabeth shall be
awarded prejudgment interest.
State
of Indiana v. Carla F. Wells (NFP)
71A03-0911-CR-545
Criminal. Affirms trial court order granting Wells’ motion to suppress.
Eastern
Livestock, Inc. and Thomas P. Gibson v. Bill Day (NFP)
88A01-0909-CV-436
Civil. Affirms findings regarding “missing cattle” and the damages award to Day, charges made by Eastern and/or
Gibson in Day’s account, and overpayments that Eastern and Gibson allegedly made to Day. Also affirms conclusion that
Day’s pasture contracts with Gibson were not unconscionable and the refusal to award prejudgment interest to Day.
Donna
Demko v. Jeffrey P. Demko (NFP)
64A03-0811-CV-550
Civil. Grants petition for rehearing and reaffirms original opinion on child support, custody and other matters.
Jeffrey
B. Flora v. State of Indiana (NFP)
43A03-1002-CR-93
Criminal. Affirms denial of motion to remove sexually violent predator status.
Scott
S. Nowatzke v. Lorine L. Nowatzke (NFP)
46A05-0910-CV-611
Civil. Affirms division of property pursuant to the dissolution of the marriage.
Debra
L. Collins v. State of Indiana (NFP)
49A04-0912-CR-742
Criminal. Affirms conviction of Class D felony possession of a controlled substance.
Harvey
L. Lancaster v. State of Indiana (NFP)
49A02-1001-CR-10
Criminal. Affirms convictions of Class B misdemeanors disorderly conduct and public intoxication.
Mickel
J. Mills v. State of Indiana (NFP)
49A05-0910-CR-616
Criminal. Affirms sentence following guilty plea to Class D felony criminal trespass and Class A misdemeanor criminal trespass.
Robert
F. Dougan v. State of Indiana (NFP)
18A02-0912-CR-1268
Criminal. Affirms convictions of and sentence for Class D felony residential entry and three counts of Class D felony intimidation.
Ryan
E. Whitley v. State of Indiana (NFP)
49A05-1001-CR-34
Criminal. Affirms conviction of Class D felony public indecency.
Raymond
Johnson v. State of Indiana (NFP)
48A02-0912-CR-1285
Criminal. Affirms revocation of probation.
Joe
L. Knuckles v. State of Indiana (NFP)
20A05-1002-CR-57
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
Adam
N. Bock v. State of Indiana (NFP)
17A03-1003-CR-134
Criminal. Affirms conviction of operating a vehicle while intoxicated with an alcohol concentration equivalent to 0.08 or
more as a Class C misdemeanor.
Indiana Tax Court had posted no opinions at IL deadline.
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Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.