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Opinions Oct. 27, 2010

October 27, 2010
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7th Circuit Court of Appeals
James L. Parkey v. Jason E. Sample
09-3966
U.S. District Court, Northern District of Indiana, South Bend Division, Judge William C. Lee
Civil. Affirms District Court’s grant of Indiana State Trooper Jason Sample’s motion for summary judgment, which found James Parkey, who sued under 42 U.S.C. § 1983, had not brought forth any evidence to demonstrate a lack of probable cause. Parkey claimed Sample had violated his rights under the Fourth Amendment by searching his home and seizing his property without probable cause. Suspecting Parkey had a marijuana grow operation, Sample did two trash pulls near Parkey’s residence where Sample found marijuana cigarettes and stems from marijuana plants, evidence he presented to a Lake County Superior magistrate, who issued a search warrant for Parkey’s home.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Maurice Porter v. State of Indiana
20A03-0912-CR-570
Criminal. Affirms one conviction of nonsupport of a dependent child as a Class C felony, and reduced the second conviction of nonsupport of a dependent child to a Class D felony for which the sentence shall be a term of 1.5 years, to be served consecutive to the sentence for the Class C felony. Remands with instructions to enter judgment of conviction and a sentencing order in conformance with this opinion.

Kent Hizer and Elizabeth Hizer v. James Holt and Rebecca Holt
71A03-1002-PL-127
Civil. Reverses and remands trial court’s grant of summary judgment in favor of the Holts on the Hizers’ claims for fraud and breach of contract arising from the Hizers’ purchase of the Holts’ home. Concludes that a genuine issue of material fact exists as to whether the Holts made fraudulent misrepresentations on the Sales Disclosure Form required by statute.

LaPorte Community School Corporation v. Maria Rosales
46A04-1001-CT-4
Civil. Concludes trial court did not abuse its discretion by admitting deposition testimony from an expert regarding school safety and school emergency plans. Also finds the trial court properly denied the school’s motion for judgment on the evidence as to negligence and properly granted Rosales’s motion for judgment on the evidence as to contributory negligence. However, also concludes the jury was not properly instructed regarding negligence, and the erroneous instruction was a reversible error, and therefore the Court of Appeals remands.

Joel Moses v. State of Indiana (NFP)
49A02-1003-CR-268
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Douglas L. Blair v. State of Indiana (NFP)
81A01-1003-CR-201
Criminal. Affirms convictions of and sentence for operating a vehicle after lifetime suspension and speeding.

Termination of Parent-Child Relationship of D.M.B.; R.M.W. v. Indiana Dept. of Child Services (NFP)
20A03-1004-JT-181
Juvenile. Affirms termination of R.M.W.’s parental rights to her son, D.B.

Floyd E. Whitlock v. State of Indiana (NFP)
49A02-1005-CR-657
Criminal. Finding Whitlock’s motion is not ripe for adjudication because he is still serving his sentence, affirms trial court’s order that Whitlock may have to register for the Indiana Sex Offender Registry as a condition of parole.

James J. Pierce, Jr. v. State of Indiana (NFP)
48A02-1002-CR-276
Criminal. Affirms revocation of probation.

Ronald Trent v. State of Indiana (NFP)
75A03-1003-CR-180
Criminal. Affirms conviction of and 35-year sentence for voluntary manslaughter, a Class A felony, following a guilty plea.

David M. Holmquist v. State of Indiana (NFP)
03A01-1001-IF-2
Criminal. Affirms bench judgment for speeding, a Class C infraction.

Angel Rivera v. State of Indiana (NFP)
49A05-1002-CR-118
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Gene Payton v. State of Indiana (NFP)
20A03-1003-CR-187
Criminal. Affirms conviction of operating a motor vehicle while privileges are forfeited for life, a Class C felony.

Kwiatkowski Land Management LLC v. Torrenga Engineering Inc., et al. (NFP)
45A04-1001-MF-18
Civil. Concludes trial court erred in granting partial summary judgment in favor of Torrenga Engineering and in granting judgment on the pleadings in favor of third-party plaintiffs Richard and Joan Handtke. Finds the agreed judgment is clearly erroneous to the extent that it relates to these erroneous orders. However, the Court of Appeals affirms the agreed judgment to the extent that it relates to the lien against the Chesterfield Estates Property held by third-party plaintiff K & S Engineering.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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