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Opinions - May 26, 2010

May 27, 2010
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7th Circuit Court of Appeals
Tracey Wallace and Eric Wallace v. Jonathan S. McGlothan
07-4059
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms jury verdict in favor of and damages in the amount of $700,000 to the Wallaces following their diversity suit against Dr. McGlothan. The Wallaces sued Dr. McGlothan for medical malpractice following surgery he performed on Tracey Wallace to correct her vision problems. The procedure ended up causing more harm than good.

Indiana Supreme Court had posted no opinions before IL deadline.

Indiana Court of Appeals
Donald T. Shell v. State of Indiana
48A02-0904-CR-325
Criminal. Affirms Shell’s convictions of Class B felony possession of a firearm by a serious violent felon, Class D felony possession of marijuana, Class D felony maintaining a common nuisance, and two counts of Class D felony possession of a controlled substance. Also affirms sentenced of an aggregate term of 18 years.

Julie Smitson v. State of Indiana (NFP)
48A05-0911-CR-660
Criminal. Affirms revocation of Smitson’s probation.

Ricky L. Rust v. State of Indiana (NFP)
80A04-0907-CR-428
Criminal. Affirms Rust’s convictions of and sentences for Class D felony criminal recklessness, Class C felony battery, and Class B felony criminal confinement.

Lawrence Echols v. State of Indiana (NFP)
49A02-0908-CR-752
Criminal. Affirms Echols’ convictions of and sentences for Class D felony intimidation, and Class A misdemeanor domestic battery.

Janyer Pinto v. State of Indiana (NFP)
03A01-0908-CR-427
Criminal. Affirms Pinto’s convictions of and sentences for Class D felony operating a vehicle while intoxicated and Class D felony resisting law enforcement.

Salvador A. Perez v. State of Indiana (NFP)
20A03-1001-CR-35
Criminal. Affirms Perez’ conviction of and sentence for failure to register as a sex offender, a Class D felony.

John Pemberton v. State of Indiana (NFP)
49A02-0910-CR-1054
Criminal. Affirms Pemberton’s conviction of child molesting, a Class A felony.

Edgar Mendizabal v. State of Indiana (NFP)
49A02-0909-PC-899
Post-conviction. Affirms denial of Mendizabal’s petition for post-conviction relief.

Russell Ralston v. State of Indiana (NFP)
49A02-0909-CR-929
Criminal. Affirms Ralston’s conviction of Class B felony aggravated battery. Reverses trial court’s order for Ralston to pay the public defender fee without determining his ability to pay and remands.

Marcos Espinosa v. State of Indiana (NFP)
30A01-1002-CR-67
Criminal. Affirms Espinosa’s conviction of and sentence for Class B felony sexual misconduct with a minor following his guilty plea.

Erick George Black v. Marcy Ann Black (NFP)
37A04-0909-CV-552
Civil. Reverses and remand’s trial court’s order that reduced father Erick George Black’s child support obligation, but did not modify the tax exemptions for the dependent children. Father argued he should owe no child support because he is the custodial parent, and that he should receive the tax exemptions for both children.

Anthony E. Griffin Sr. v. State of Indiana (NFP)
02A03-0912-CR-575
Criminal. Affirms Griffin’s conviction of rape, a Class B felony.

Adoption of T.L.J.; R.O. v. C.J. (NFP)
71A05-0912-CV-691
Civil. Affirms trial court’s grant of a petition to adopt T.L.J. filed by C.J. (stepmother). R.O. (mother) had appealed.

Matter of L.W. v. State of Indiana (NFP)
49A02-0911-JV-1119
Juvenile. Affirms L.W.’s adjudication as a delinquent child for committing resisting law enforcement, which would be a Class A misdemeanor if committed by an adult.

State of Indiana v. Patrick J. Davis (NFP)
02A05-1001-CR-7
Criminal. Reverses and remands trial court’s order dismissing the state’s petition to revoke Davis’ probation. Finds it need not be established that the defendant was explicitly advised that he is prohibited from committing new offenses while on probation.

Indiana Tax Court had posted no opinions before IL deadline.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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