Opinions July 28, 2010

Keywords neglect / Opinions

7th Circuit Court of Appeals
States of America v. Jamarkus Gorman

U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of perjury after testifying falsely before a grand jury. There is ample evidence to support
the finding Gorman perjured himself with regard to the possession of a Bentley. The evidence was properly admitted, albeit
as direct evidence rather than inextricable intertwinement evidence, and its probative value was not substantially outweighed
by any risk of unfair prejudice.  

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
of H.L.W. Jr.; H.L.W. Sr. and IDCS v. L.M.D. and D.P.D.

Civil. Reverses grant of an adoption petition filed by L.M.D. and D.P.D. regarding H.L.W. Jr. The consent statutes of Indiana
Code Chapter 31-19-9 enabled the trial court to consider the adoption proceeding despite the pending CHINS action. DCS met
its burden of demonstrating by clear and convincing evidence that its withholding of consent to the adoption was in the child’s
best interests.

Rios v. State of Indiana

Criminal. Reverses order that Rios serve consecutive sentences for convictions of two counts of dealing in a lookalike substance
as Class C felonies. The imposition of consecutive sentences based on incidents that were virtually identical and very close
in time contravenes rulings in Beno and Gregory. Remands for a new sentencing determination.

County Sheriff v. Pamela Rice

Civil. Affirms order denying the sheriff’s motion to dismiss filed in the civil action brought by Price for damages
resulting from a car accident. The sheriff, through its agent Deputy Wallace, owed a common law duty of ordinary and reasonable
care to warn the traveling public of the known hazardous condition on the icy road.

Komyatti, Jr. v. State of Indiana

Miscellaneous. Affirms denial of petition for post-conviction relief that challenged the revocation of Komyatti’s parole.
There are no genuine questions of fact with respect to Komyatti’s PCR petition and the state was entitled to judgment
as a matter of law.

Townsend v. State of Indiana (NFP)

Criminal. Affirms conviction of and sentence for murder.

Bensez v. State of Indiana (NFP)

Criminal. Dismisses appeal of conviction following guilty plea to Class B felony dealing in cocaine.

Nunley v. State of Indiana (NFP)

Criminal. Affirms finding Nunley violated the terms of her probation and that she serve two years of her previously suspended
sentence in the Department of Correction.

Eugene Ferrell v. State of Indiana (NFP)

Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

The Guardianship of John Joseph Bortka, II (NFP)

Civil. Affirms order that John Jerald Bortka, former guardian of John Joseph Bortka and his estate, reimburse the guardianship
estate in the amount of $12,034 and award of attorney fees to Paula Bortka Wells. Remands with instructions to calculate the
amount of appellate costs Paula is entitled to from John Jerald Bortka.

Culp v. State of Indiana (NFP)

Criminal. Affirms conviction of Class D felony theft.

Hatfield, et al. v. Area Plan Commission of Evansville (NFP)

Civil. Reverses trial court’s decision limiting Hatfield and others’ damages for an alleged taking.

of Parent-Child Rel. of T.H.C.; T.C. & C.P. v. I.D.C.S. (NFP)

Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

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