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. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL