ILNews

Opinions Oct. 27, 2010

October 27, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT