ILNews

Opinions March 14, 2011

March 14, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
In Re: Gerald W. Davis Jr.; Linda Reeves v. Gerald W. Davis Jr.
10-2757
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms District Court’s affirmation of the bankruptcy court ruling that Davis’ debt owed to Reeves was dischargeable. There was no finding of fraudulent intent on Davis’ part, as is required for the application of 11 U.S.C. Section 523(a)(2) to prevent Davis’ debt to Reeves from being dischargeable. The decision in United States v. Childs forecloses a challenge to the reasonableness of the traffic stop.

United States of America v. Willie McBride a/k/a William Reo Davis
10-2094
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms denial of motion to suppress following a traffic stop. The police officer did not violate McBride’s rights under the Fourth Amendment by detaining him beyond the time needed to complete the traffic stop.

Rex M. Joseph Jr., trustee of the bankruptcy estate of Timothy Wardrop v. Elan Motorsports Technologies Racing Corp.
10-1420
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses decision of District Court to not allow an amended complaint naming Elan Inc., not Elan Motorsports Technology Racing Corp., as the defendant with relation back to the date of the original complaint filed by Wardrop. On remand, the judge will have to decide whether the difference in the amended complaint as compared to the original warrants rejection of it.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Phillip Forman, et al. v. Western Reserve Mutual Casualty Company, et al.
33A01-1007-CT-343
Civil tort. Grants rehearing after trial court certified case for interlocutory appeal. Affirms summary judgment for Western Reserve Mutual Casualty Co. on the issue of whether it has a duty to defend Wayne Penn, Lisa Orr, and Bradley Orr in a suit filed by Forman after he was injured after taking some of Lisa’s prescribed methadone. The language of the policy is clear that Forman’s injury is excluded from liability coverage.

Term. of Parent-Child Rel. of C.D. and K.D.; R.D. v. IDCS (NFP)
79A02-1008-JT-943
Juvenile. Affirms involuntary termination of parental rights.

James Larkin v. State of Indiana (NFP)
89A01-1007-CR-367
Criminal. Affirms aggregate sentence of 60 years, reverses the order that Larkin serve all 60 years as executed time in the Department of Correction and remands with instructions to issue an amended sentencing order and any other documents or chronological case summary entries necessary to impose a total sentence of 60 years with 50 years executed and 10 years suspended to probation. Judge Riley dissents.

City of Peru, et al. v. Matthew and Tracy Lewis (NFP)
85A04-1010-CT-611
Civil tort. Reverses denial of the City of Peru and other defendants’ motion for summary judgment regarding a negligence action brought by the Lewises. Remands with instructions to enter summary judgment in favor of the city defendants.

Teri and Robert Steinborn v. LaPorte County Board of Zoning Appeals, et al. (NFP)
46A04-1010-PL-657
Civil plenary. Affirms trial court ruling affirming the decision of the LaPorte County Board of Zoning Appeals that granted a special exception to Horvath Towers.

Donald King v. State of Indiana (NFP)
58A01-1007-CR-363
Criminal. Affirms revocation of probation.

Terry Lee Krzeminski v. State of Indiana (NFP)
76A03-1007-CR-390
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Sonya Barger v. State of Indiana (NFP)
49A04-1007-CR-435
Criminal. Affirms revocation of probation.

Indiana Tax Court had posted no opinions at 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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT