Opinions March 14, 2011

March 14, 2011
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7th Circuit Court of Appeals
In Re: Gerald W. Davis Jr.; Linda Reeves v. Gerald W. Davis Jr.
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
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.
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.
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)
Juvenile. Affirms involuntary termination of parental rights.

James Larkin v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms revocation of probation.

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

Sonya Barger v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.


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