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Opinions July 29, 2010

July 29, 2010
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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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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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