Opinions June 21, 2011

June 21, 2011
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
United States of American v. Donella Locke
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.
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.
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.
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.
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)
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)
Criminal. Affirms convictions of battery and public intoxication, both Class B misdemeanors.

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

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

Latoya Duncan v. State of Indiana (NFP)
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)
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)
Juvenile. Affirms involuntary termination of father’s parental rights.

James C. Ritenour, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class C felony attempted battery.

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

Steven Connors v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony arson.

Tommie Rivers v. State of Indiana (NFP)
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)
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.


Sponsored by
Subscribe to Indiana Lawyer