7th Circuit Court of Appeals
U.S.A
v. Marlon K. Spears
No. 10-3338
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress evidence, finding that enough probable cause existed to justify a search warrant
that led to a man’s convictions on drug charges.
Indiana Supreme Court
Keith
Hoglund v. State of Indiana
No. 90S02-1105-CR-294
Criminal. Affirms trial court judgment that found sufficient evidence to support two Class A felony child molesting convictions
and a 50-year sentence. Holds that the Indiana Rules of Evidence do not allow for “vouching testimony” in child
sex abuse cases and that past caselaw does not create an exception.
Indiana Court of Appeals
Term.
of the Parent-Child Rel. of K.E., and T.E. and J.E., T.E. and J.E. v. Indiana Dept. of Child Services
No. 20A05-1104-JT-206
Parental termination. Reverses and remands parental termination case, finding that trial court didn’t comply with Indiana
Code 31-35-2-4(b)(2)(A) before involuntary terminating the parental rights.
United
Brotherhood of Carpenters and Joiners of America, Local Union No. 2371, Official Bargaining Agent, et al. v. Merchandising
Equipment Group, Div. of MEG Manufacturing Corp., et al.
33A05-1107-CP-345
Civil plenary. Affirms trial court’s decision to grant defendant’s Trial Rule 41(E) motion to dismiss for failure
to prosecute after 18 years, finding the court didn’t abuse its discretion.
Pamela
J. Hensley v. State of Indiana
63A01-1105-CR-195
Criminal. Reverses trial court’s judgment denying motion to suppress evidence seized during a home search, finding
that the probation search was not justified under the Fourth Amendment because it wasn’t a valid probation search but
more resembled an investigatory search.
Gladys
E. Curry and Thomas Curry v. D.A.L.L. Anointed, Inc.
45A04-1106-CT-290
Civil tort. Affirms trial court’s judgment dismissing complaint for injuries and loss of consortium against D.A.L.L.
Anointed, finding the lower court did not err in holding it lacked subject matter jurisdiction based on the Indiana Worker’s
Compensation Act.
Guardianship
of M.A.M.: D.L.M. v. J.G. (NFP)
71A03-1108-GU-365
Guardianship. Reverses trial court’s order denying father’s petition to terminate maternal grandfather’s
guardianship, finding prima facie error because of an existing power of attorney the father had in place while he was deployed.
Donnell
Caldwell v. State of Indiana (NFP)
45A05-1108-CR-405
Criminal. Affirms six-year sentence imposed by trial court following a Class C felony criminal recklessness conviction, finding
the trial court didn’t abuse its discretion in sentencing him and the sentence is not inappropriate.
Lynnette
A. Wire v. State of Indiana (NFP)
87A05-1106-CR-410
Criminal. Affirms in part and reverses in part a drunken driving case, finding the evidence is sufficient to sustain a Class
C infraction for driving left of center and a Class C misdemeanor conviction of operating a vehicle with a blood alcohol content
between 0.08 and 0.15. Remands to vacate conviction of Class C misdemeanor operating while intoxicated.
Term.
of the Parent-Child Rel. of R.H. and D.H., D.H. v. Indiana Dept. of Child Svcs. and Lake County CASA (NFP)
45A03-1107-JT-339
Parental termination. Affirms trial court’s involuntary termination of mother’s parental rights, finding evidence
supported the juvenile court’s judgment.
Jeffery
Haugh v. State of Indiana (NFP)
45A03-1106-CR-276
Criminal. Affirms denial of a motion to withdraw Haugh’s guilty plea in a case involving his conviction of Class D
felony failure to notify authorities and moving a body from the scene. Finds the trial court didn’t err and that the
sentence is appropriate.
William
Estell v. State of Indiana (NFP)
20A03-1109-CR-423
Criminal. Affirms man’s three-year sentence following a conviction of Class D felony escape, finding trial court properly
denied motion for a continuance before the sentencing.
Russell
A. Prosser, Jr. v. State of Indiana (NFP)
59A01-1107-CR-346
Criminal. Reverses trial court on permitting state to elicit testimony from child-molesting victim’s case manager substantiating
the molestation claim. Remands for a new trial.
Richard
J. Charlton v. State of Indiana (NFP)
02A03-1108-CR-397
Criminal. Affirms Class B felony rape conviction, finding evidence was sufficient and trial court didn’t abuse its
discretion by limiting evidence of sexual history between Richard Charlton and victim.
David
S. Stover v. State of Indiana (NFP)
03A01-1109-CR-398
Criminal. Affirms Class A misdemeanor conviction of criminal conversation and one-year sentence suspended to probation, finding
evidence was sufficient.
James
R. Lockhart, Jr. v. Lisa (Lockhart) Guyer (NFP)
29A02-1103-DR-208
Domestic relation. On petition for rehearing, appellate court revises its Dec. 11, 2011, opinion in same case and removes
the citation to Indiana Code 34-52-1-1(b) and instead inserts citation to Indiana Code 31-15-10-1. Affirms previous decision
in all other regards.
The Indiana Tax Court had no opinions at IL deadline.














Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!