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. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

ADVERTISEMENT