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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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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