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Opinions June 21, 2011

June 21, 2011
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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.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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