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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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