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
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
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)
Criminal. Affirms revocation of Smitson’s probation.

Ricky L. Rust v. State of Indiana (NFP)
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)
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)
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)
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)
Criminal. Affirms Pemberton’s conviction of child molesting, a Class A felony.

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

Russell Ralston v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms Griffin’s conviction of rape, a Class B felony.

Adoption of T.L.J.; R.O. v. C.J. (NFP)
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)
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)
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. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit