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Opinions June 18, 2014

June 18, 2014
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7th Circuit Court of Appeals
Gabriel V. Mendoza v. United States of America
13-3195, 13-3196
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Mendoza’s petition for relief from his drug convictions. He was not deprived due process when an interpreter relocated her position in the courtroom to translate for a witness nor was he provided ineffective assistance of counsel.

Indiana Court of Appeals
George Patrick v. Keith Butts, Superintendent, State of Indiana and Indiana Parole Board
33A04-1311-MI-577
Miscellaneous. Affirms denial of Patrick’s petition for a writ of habeas corpus. The order that Patrick participate in the Sex Offender Management and Monitoring program does not violate the ex post facto clause of the Indiana Constitution.

Michael Torres v. State of Indiana
49A02-1308-CR-727
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license. There was no fundamental error when the chief forensic pathologist testified as an expert witness instead of the doctor who performed the autopsy, who had left the state by the time Torres’ trial began. Torres’ right to confrontation was not violated. Judge Kirsch dissents and would remand for a new trial.

Wells Fargo Bank, N.A. v. Edward P. Dechert, Trustee of the Bankruptcy Estate of John E. Smith and Isley's Plumbing, Inc.
34A02-1311-PL-980
Civil plenary. Affirms denial of Wells Fargo’s motion to set aside default judgments against it in favor of Dechert, as bankruptcy trustee for John E. Smith Builders Inc. and Isley’s Plumbing Inc. Dechert’s and Isley’s second amended complaint and crossclaim did not vacate the default judgments entered in their favor against Wells Fargo. The trial court did not abuse its discretion when it denied Wells Fargo’s motion to set aside the default judgments on the basis of defective service of process. The trial court did not abuse its discretion on policy grounds when it denied the motion to set aside the default judgments.

Keith D. Bott v. State of Indiana (NFP)
48A02-1312-CR-1058
Criminal. Affirms revocation of probation.

Joshua Ketchem v. State of Indiana (NFP)
48A02-1308-PC-695
Post conviction. Affirms denial of petition for post-conviction relief.

Edwin Hunt v. State of Indiana (NFP)
60A01-1309-CR-406
Criminal. Affirms 40-year sentence for Class B felony burglary and adjudication as a habitual offender.

Bruce L. Truett v. State of Indiana (NFP)
49A02-1311-CR-926
Criminal. Affirms revocation of placement in community corrections and order Truett serve three of his six years in the Department of Correction.

Larry Page v. State of Indiana (NFP)
48A05-1311-PC-556
Post conviction. Affirms denial of petition for post-conviction relief.

Demitrus Grant v. State of Indiana (NFP)
49A02-1311-CR-959
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was suspended for life.

In re the Paternity of E.S.: Makayla LeGault v. Michael J. Scott (NFP)
71A05-1312-JP-606
Juvenile. Affirms modification of mother’s custody of minor child and grant of sole physical custody of child to Scott.

Christopher Baxter v. State of Indiana (NFP)
22A01-1312-CR-551
Criminal. Affirms 40-year sentence for murder.

Signature Estates of Indiana, Inc. d/b/a Gordon Marketing, Stephens-Matthews Marketing, Inc., Shields Brokerage, Inc. et al. v. Conseco Medical Insurance Company, et al. (NFP)
29A02-1310-PL-846
Civil plenary. Reverses partial summary judgment for Conseco Medical Insurance Company and other defendants in lawsuit alleging fraud and breach of fiduciary duty. Remands for further proceedings.

Omert'a LLC, Dino Zurzolo d/b/a Shangri-La East, and Wholesalers, Inc. d/b/a Shangri-La Show Club v. Phillip Gray (NFP)
93A02-1309-EX-812
Agency action. Affirms order directing payment of money to complainant Gray and other actions by the respondents.

David Gregg v. State of Indiana (NFP)
15A01-1311-CR-505
Criminal. Affirms two-year sentence imposed after Gregg admitted violating a term of his probation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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