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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. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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