Opinions May 5, 2011

May 5, 2011
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7th Circuit Court of Appeals
United States of America v. John L. Norris
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
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
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)
Criminal. Affirms imposition of previously suspended sentence as a result of work release violations.

Marc A. Bernero v. State of Indiana, et al. (NFP)
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)
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)
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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