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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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