Opinions July 30, 2010

Keywords neglect / Opinions

7th Circuit Court of Appeals
States of America v. Anthony L. Vaughn

U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Criminal. Affirms 180-month sentence after pleading guilty to committing aggravated assault on a federal officer. The District
Court reasonably explained why the sentence that was outside the guidelines range was appropriate.

Parish, et al. v. City of Elkhart, et al.

U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Civil. Reverses dismissal of his claim for intentional infliction of emotional distress. Under Indiana’s adoption of
Heck, Parish could not have brought these claims until his conviction was disposed of in a manner favorable to him.
Parish brought his claim within two years of when the claim accrued upon his exoneration, thereby making the claim timely.
Affirms dismissal of false arrest and false imprisonment claims.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
L. Gosha v. State of Indiana

Criminal. Reverses denial of motion to correct error. Gosha was denied the right to due process when his participation in
a Drug Court Program was ended without the court first affording him notice of a hearing and the right to present evidence
and cross-examine witnesses at that hearing. Remands with instructions.

Foster v. State of Indiana (NFP)

Criminal. Affirms convictions of Class A felony neglect of a dependent and Class C felony reckless homicide.

the matter of the marriage of : L.S. v. J.H. (NFP)

Civil. Reverses trial court order that ordered father is not required to enroll C.H. in gymnastics during his extended summer
parenting time in Indiana or contribute to the expenses associated with gymnastics. Remands with further instructions. Affirms
decree of modification in all other respects.

W. Hovis v. State of Indiana (NFP)

Criminal. Dismisses belated appeal of convictions of and sentence for Class C felony assisting a criminal and a habitual
offender enhancement.

Montalvo v. State of Indiana (NFP)

Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.

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