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Opinions Sept. 10, 2013

September 10, 2013
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U.S. 7th Circuit Court of Appeals
United States of America v. John Scott
12-2962
Criminal. Affirms U.S. District Court for the Northern District of Indiana ruling denying a motion to suppress evidence gathered from a search warrant issued after a driveway conversation involving drug deals was captured without the knowledge of either party, after a dealer took a confidential informant’s vehicle to meet his supplier, John Scott. The panel held that sufficient evidence aside from the recorded conversation supported the issuance of the warrant.

Indiana Court of Appeals
Jerome Binkley v. State of Indiana
84A05-1208-PC-441
Post conviction. Reverses and remands summary denial of a petition for post-conviction relief from a conviction of murder, holding that Binkley pleaded sufficient facts to raise a material issue of possible merit regarding his claim of ineffective assistance of counsel.

Kelvin Fuller v. State of Indiana
45A03-1212-CR-520
Criminal. Affirms on interlocutory appeal denial of a motion to dismiss charges under Criminal Rule 4(C). The court held that Kelvin Fuller, extradited to Indiana after convictions in Wyoming, failed to meet his burden of proving he was denied a speedy trial because he could not show that Lake County prosecutors or courts were aware of his incarceration in Indiana before he filed a petition seeking to dismiss charges.

Myron Jay Rickman v. Sheila Rena Rickman
27A02-1211-DR-950
Domestic relation. Reverses denial of Myron Rickman’s petition for modification of visitation and denial of motion to correct error, holding that his incarceration on child molestation convictions alone is insufficient to bar phone or mail contact with his son. Remands to the trial court for findings as to whether the petition was denied pursuant to Ind. Code § 31-17-4-2, or whether the court considered the Indiana Parenting Time Guidelines.

H.M. v. State of Indiana
49A04-1304-CR-157
Criminal. Affirms denial of H.M.’s four petitions to restrict disclosure of his arrest records. Finds, under the state’s former expungement law (the petitions and denial were issued several months before Indiana’s new expungement law took effect on July 1, 2013), H.M. is not eligible for expungement because, although he was arrested, he was never charged with a crime. Rules the old statute requires an information or indictment to be filed before an individual can be said to have been charged.

Tim L. Godby v. James Basinger, et al., (NFP)
77A05-1201-PL-3
Civil plenary. Affirms grant of summary judgment in favor of James Basinger, et al.

Ronald Andrew Manley v. State of Indiana (NFP)
33A01-1301-CR-52
Criminal. Affirms denial of Manley’s petition to remove his designation as a sexually violent predator from the Indiana Sex Offender Registry.

Reco Terrell v. State of Indiana (NFP)
15A01-1302-CR-78
Criminal. Affirms revocation of probation.

Century Surety Company v. The Ugly Monkey, LLC and Camburad, LLC, Amber Pagel, Dale Ueber a/k/a Dale Uebersetzig and Ueber Insurance Inc., (NFP)
49A02-1211-CT-903
Reverses partial summary judgment declaring that Ueber acted as the agent of Century Surety when accepting notice of an occurrence and lawsuit from an insured, Camburad, LLC, which operated the Ugly Monkey nightclub. Remands, holding that Ueber did not act as an agent and that Camburad and Ugly Monkey are entitled to summary judgment on the claim of breach of duty to defend.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
 

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

  2. 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

  3. 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

  4. 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.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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