ILNews

Opinions June 21, 2011

June 21, 2011
Keywords
Back to TopE-mailPrintBookmark and Share


7th Circuit Court of Appeals
United States of American v. Donella Locke
10-1351.
Criminal. Affirms convictions on five counts of wire fraud. Vacates Donella Locke’s 71-month sentence and restitution order and remands for resentencing proceedings, holding that the length of the sentence and amount of restitution were based in part on conduct not necessarily encompassed in the charges of conviction. Also holds that the court erred in ordering Locke to pay restitution to victims not clearly harmed by the conduct in Locke’s counts of conviction.

Indiana Supreme Court
Misty D. Davis v. Animal Control - City of Evansville, et al.
82S01-1102-CV-77
Civil. Affirms trial court’s finding that the city defendants were entitled to “law enforcement immunity” under the Indiana Tort Claims Act, and cannot be held liable for a dog attacking Misty Davis’ son.

Michael Ashby and Randy O'Brien v. The Bar Plan Mutual Insurance Co., and C. Bruce Davidson, Jr.
49S04-1011-CV-635
Civil. Reverses summary judgment in favor of an insurance company for claims brought against the company after the insured – C. Bruce Davidson Jr. – abandoned his law practice, was disbarred, and did not report the claims to the company.

Gibraltar Financial Corp. v. Prestige Equipment Corp., National Machinery Exchange, Inc., et al.
20S03-1010-CV-618
Civil. Reverses trial court’s summary judgment on behalf of the defendants, stating that a genuine issue of material fact exists regarding whether the equipment in question was leased. The court held that the language of an agreement between the now-defunct Vitco company and General Finance could be interpreted to be either a lease or a sale subject to security interest. Remands to court for proceedings consistent with opinion.

Indiana Court of Appeals
Victor J. DiMaggio, III v. Elias Rosario, et al.
64A03-1009-PL-500
Civil plenary. Affirms court’s order dismissing Victor DiMaggio’s complaint for usurpation of a corporate opportunity against Liberty Lake Estates, holding DiMaggio failed to state a claim upon which relief can be granted and failed to prove that Elias Rosario, et al., knowingly or intentionally usurped corporate opportunity.

Darrell Farmer v. State of Indiana (NFP)
49A02-1007-CR-772
Criminal. Affirms trial court’s denial of motion for a mistrial, holding that Darrell Farmer failed to establish bias or prejudice.

Donnett Phillips v. State of Indiana (NFP)
49A02-1011-CR-1244
Criminal. Affirms convictions of battery and public intoxication, both Class B misdemeanors.

Andre White v. State of Indiana (NFP)
49A04-1009-PC-616
Post-conviction relief petition. Affirms court’s denial of post-conviction relief petition.

Raymond Cain v. State of Indiana (NFP)
22A01-1011-CR-605
Criminal. Affirms six-year sentence with two years suspended to probation for Class C felony child exploitation.

Latoya Duncan v. State of Indiana (NFP)
22A01-1007-CR-365
Criminal. Reverses sentence of eight years with two years suspended to probation, following guilty plea to Class B felony dealing in cocaine, holding that Latoya Duncan’s lack of criminal background and character make her a good candidate for probation. Remands with instructions to vacate sentence and re-sentence consistent with appeals court’s opinion.

Demarcus Verse v. State of Indiana (NFP)
71A03-1012-CR-628
Criminal. Affirms convictions of Class D felony strangulation and related charges.

Term. of Parent-Child Rel. of D.M.; E.M. v. I.D.C.S. (NFP)
46A03-1012-JT-676
Juvenile. Affirms involuntary termination of father’s parental rights.

James C. Ritenour, Jr. v. State of Indiana (NFP)
75A03-1009-CR-512
Criminal. Affirms conviction of and sentence for Class C felony attempted battery.

Eric M. Schuler v. State of Indiana (NFP)
48A02-1009-CR-1063
Criminal. Affirms court’s order revoking probation and imposing four years of previously suspended sentence.

Steven Connors v. State of Indiana (NFP)
71A05-1011-CR-776
Criminal. Affirms conviction of Class B felony arson.

Tommie Rivers v. State of Indiana (NFP)
49A05-1011-CR-763
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana, and Class A misdemeanor driving while suspended.

Phillip D. Laster v. State of Indiana (NFP)
02A05-1011-CR-727
Criminal. Affirms conviction of Class D felony domestic battery and remands with instructions to vacate “consecutive” sentence for habitual offender adjudication and to attach the enhanced sentence to the domestic battery sentence.

Indiana Tax Court had posted no opinions as of IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

ADVERTISEMENT