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Opinions June 10, 2013

June 10, 2013
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7th Circuit Court of Appeals
United States of America v. Javier Munoz
12-3351
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms 181-month sentence following a guilty plea in 2007 to distributing and possessing cocaine with intent to distribute. Munoz materially breached the conditions of his release and an implied term of the plea agreement by fleeing the country rather than showing up for sentencing. His breach allowed the government to treat the plea agreement as having been rescinded.

Indiana Court of Appeals
Maurice Frazier v. State of Indiana
49A05-1210-CR-526
Criminal. Affirms convictions of Class D felonies sexual battery, criminal confinement and official misconduct. Reverses and remands for a second Class D felony conviction of sexual battery to be reduced to Class A misdemeanor battery because the state failed to prove compulsion by force or imminent threat of force. Finds convictions do not violate double jeopardy principles.

In the Matter of the Adoption of J.T.A.; R.S.P. v. S.S.
37A03-1212-AD-525
Adoption. Affirms denial of R.S.P.’s petition to adopt J.T.A. The trial court was mistaken in believing that the father’s parental rights would have been terminated if the petition was granted, but there was nonetheless evidence to support the denial of the petition because the biological mother’s consent was required.  

Flaherty & Collins, Inc. v. BBR-Vision I, L.P., and New Castle Realty, LLC
49A05-1111-PL-569
Civil plenary. Reverses trial court’s interpretation that Section 12(a) of the management agreement between F&C and BBR requires F&C to pay attorney fees for first-party actions. The language of Section 12(a) does not create an exception to the general rule that an indemnity clause creates liability to pay only for third-party actions. The trial court erred in making findings that effectively granted summary judgment to BBR and NCR on the issue of whether they could recover damages under the Crime Victims Statute because there is a genuine issue of material fact as to whether a F&C employee’s action or BBR’s and NCR’s inaction caused any pecuniary loss to BBR and NCR. Reverses what was effectively summary judgment on the issue of whether F&C committed deception. Affirms determination that NCR has standing as a third-party beneficiary to assert its claims in this action. Remands for further proceedings.

Marrco Antonio Martinez v. State of Indiana (NFP)  
29A02-1209-CR-699
Criminal. Affirms 35-year sentence for two counts of Class A felony dealing in cocaine.

Carol Miller v. State of Indiana (NFP)  
49A05-1210-CR-523
Criminal. Affirms conviction of Class A misdemeanor pointing a firearm.

In Re The Paternity of: H.N.L.; C.L. v. B.A. (NFP)
29A05-1209-JP-483
Juvenile. Affirms order in paternity action adjudicating issues regarding custody, parenting time, child support and attorney fees.

Clifton T. Massey v. Reana Beard (NFP)  
02A05-1208-SC-399
Small claim. Affirms order awarding $4,240 to Beard in a landlord/tenant dispute.

In the Matter of the Invol. Term. of the Parent-Child Relationship of A.M.K. and A.O.K., minor children, and T.D., biological father, T.D. v. Indiana Department of Child Services (NFP)
02A03-1210-JT-452
Juvenile. Affirms order denying father’s motion to withdraw his voluntary consent to the termination of his parental rights.

James Brock Rodgers v. State of Indiana (NFP)
71A05-1302-CR-73
Criminal. Affirms conviction of Class D felony theft.

Vassil Marinov v. Bergen Car Company Inc. (NFP)  
79A02-1210-SC-897
Small claim. Dismisses appeal of judgment in favor of Bergen Car Company on Marinov’s claim for damages.

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

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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