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Opinions May 5, 2011

May 5, 2011
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7th Circuit Court of Appeals
United States of America v. John L. Norris
10-1612
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of motion to suppress evidence. The police officers were acting pursuant to a valid warrant and in a reasonable manner.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Patrick M. McGrath v. Linda S. McGrath
46A03-1008-DR-429
Domestic relation. Reverses valuation of certain real estate property in the decree of dissolution. The trial court abused its discretion in failing to consider the substantial change in value of the property as expressed in the 2009 appraisal report to calculate the total marital assets and distribution of the property. Remand with instructions. Judge Friedlander concurs in result.

Lenn Ivy v. State of Indiana
49A04-1010-CR-662
Criminal. Affirms denial of motion to modify sentence. Ivy may not seek a modification of his sentence under the terms of his plea agreement.

Michael Dewayne Lloyd v. State of Indiana (NFP)
48A02-1011-CR-1390
Criminal. Affirms imposition of previously suspended sentence as a result of work release violations.

Marc A. Bernero v. State of Indiana, et al. (NFP)
49A02-1009-PL-1082
Civil plenary. Affirms summary judgment for the Indiana Secretary of State’s Office and the Indiana Bureau of Motor Vehicles on Bernero’s complaint for declaratory judgment seeking enforcement of the State Employee Appeals Commission’s order rescinding his termination.

Willie Dumes v. State of Indiana (NFP)
49A02-1008-CR-910
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was forfeited for life and revocation of probation.

L.H. v. D.H. (NFP)
15A04-1009-DR-552
Domestic relation. Affirms trial court did not abuse its discretion when it imputed minimum wage income to both mother and father. Reverses trial court’s retroactively modifying father’s child support obligation to a date prior to the filing of his petition to modify child support. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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