ILNews

Opinions Oct. 31, 2011

October 31, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Thomas J. Ostrowski and Phyllis Ostrowski v. Everest Healthcare Indiana, Inc., d/b/a Merrillville Dialysis Center, and Family Mobile Medical Services, Inc.
45A03-1012-CT-645
Civil tort. Affirms jury verdict in favor of defendants Everest Healthcare Indiana and Family Mobile Medical Services on Thomas Ostrowski’s suit for negligence against the building owner and the EMT’s employer after he was injured by a door opening and hitting his hand. The trial court did not err in giving the sudden emergency instruction or in permitting the defendants’ expert witness to testify. The lay witness did not improperly testify as an expert witness.  

Lorenzo Surrisi, Individually and d/b/a City Tavern and Joette Surrisi, Individually and d/b/a City Tavern v. James D. Bremner
50A04-1102-MF-83
Mortgage foreclosure. Reverses trial court order that stated the Surrisis’ real and personal business property were sold at a sheriff’s sale to Bremner. The sheriff’s bill of sale which included the business personal property is faulty because according to the praecipe of the sale, notice of sale and tax documentation, only the real property was subject to the sheriff’s sale. Remands for vacation of the court order indicating the sale included the business personal property and for the trial court to determine the amount of compensation due to the Surrisis for the loss of their business personal property.

Luigi Amalfitano v. State of Indiana
48A02-1102-CR-243
Criminal. Affirms sentence following guilty plea to Class B felony criminal confinement, Class C felony battery with serious bodily injury, Class D felony exploitation of an endangered adult and Class D felonies financial exploitation of an endangered adult, theft, obtaining a prescription by fraud and possession of a controlled substance. The court didn’t abuse its discretion by finding Amalfitano’s criminal history and violation of a position of trust with the victim to be aggravators, and his sentence is not inappropriate given that he kept an elderly woman locked in a utility closet for six months so he could steal her benefits and prescription drugs.

Joseph Simmons v. State of Indiana
40A05-1101-CR-10
Criminal. Affirms conviction of and sentence for Class C felony operating a vehicle while intoxicated. Simmons’ conviction of Class C felony OWI does not constitute an ex post facto violation. There is sufficient evidence to support his conviction and his eight-year sentence is appropriate.

Terry C. Winslow v. State of Indiana (NFP)
49A02-1103-CR-257
Criminal. Affirms conviction of Class A misdemeanor intimidation.

Raymond Scebbi v. State of Indiana (NFP)
77A01-1103-CR-96
Criminal. Affirms conviction of Class C felony child solicitation.

S.W. v. State of Indiana (NFP)
49A04-1104-JV-190
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony attempted robbery if committed by an adult.

Patrick Black v. State of Indiana (NFP)
82A04-1103-CR-175
Criminal. Affirms convictions of and sentence for various felony drug offenses and misdemeanors resisting law enforcement, false informing and battery.

Christopher D. Taylor v. State of Indiana (NFP)
71A03-1103-CR-163
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges have been forfeited for life and the revocation of probation.

M.B. and M.F. v. Indiana Dept. of Child Services (NFP)
79A02-1104-JT-300
Juvenile. Affirms termination of parental rights.

1991 Investors Limited Partnership, an Indiana Limited Partnership, Pamela T. Hennessy, Joseph J. Hennessy, et al. v. Citizens Financial Services, FSB (NFP)
71A03-1105-MF-193
Mortgage foreclosure. Affirms personal judgment entered against the defendants 1991 Investors Limited Partnership and the Hennessys and the motion to correct error in a suit for failure to pay a loan.

Zachary Krachinski v. Cindy Schoof, Century 21 - 1st Team, Inc., Lon F. Terry, and Horizon Bank, N.A. (NFP)
46A03-1009-CC-498
Civil collection. Affirms summary judgment in favor of Schoof and Century 21 in Krachinski’s complaint alleging fraud and misrepresentation of property.

Tracey L. Routon v. State of Indiana (NFP)
34A04-1104-CR-209
Criminal. Affirms sentence for Class C felony conspiracy to commit possession of methamphetamine in excess of three grams.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 14 cases and vacated transfer to one case for the week ending Oct. 28.


 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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