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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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