Opinions Aug. 10, 2010

Keywords neglect / Opinions
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7th Circuit Court of Appeals
United
States of America v. Jermarcus Robinson

09-3955
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of possession with intent to distribute crack cocaine. The District Court correctly refused
to suppress the cocaine police officers pulled from Robinson’s buttocks after a traffic stop. The officer wasn’t
satisfied with his initial effort to pat down Robinson and was justified to return to finish the job within the bounds outlined
in Terry.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Joey
Wilson v. State of Indiana

49A02-1001-CR-60
Criminal. Affirms convictions of receiving stolen auto parts as a Class C felony and driving while suspended as a Class A
misdemeanor. Wilson waived for review his argument that the trial court erred in allowing the state to amend the charging
information on the day before his trial was to begin. He failed to request a continuance to prepare for his defense. Wilson
also failed to prove that the admission of his unredacted BMV record made it impossible for him to receive a fair trial.

Indiana
Spine Group v. Pilot Travel Centers

93A02-1003-EX-315
Civil. Reverses dismissal by the Full Worker’s Compensation Board of ISG’s claim pursuant to Indiana Code Section
22-3-3-27. The two-year statute of limitations in that statue doesn’t apply. Remands for determination on the merits
of ISG’s application for adjustment of claim for provider fee.

City
of Indianapolis v. Cynthia Hicks on behalf of and as next friend of Jada Richards, a minor

49A02-1002-CT-95
Civil tort. Affirms nunc pro tunc order granting Hicks’ motion to correct error and reinstating her negligence suit
brought against the City of Indianapolis on behalf of her minor child. The city waived any challenge based on the magistrate’s
lack of authority to sign the order by not objecting until after time for ruling on the motion to correct error expired. The
CCS entries provide a sufficient basis to later issue the order. The grant of the motion to correct error wasn’t an
abuse of discretion because the city didn’t show noncompliance with the tort claim notice requirements of the Indiana
Tort Claims Act.

Ryan
Armstrong v. State of Indiana (NFP)

79A02-1002-CR-107
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle while intoxicated, and Class A misdemeanors possession
of marijuana and possession of paraphernalia.

Roosevelt
Williams v. State of Indiana (NFP)

49A02-0911-PC-1124
Post conviction. Affirms denial of petition for post-conviction relief.

Timothy
A. Stevens v. State of Indiana (NFP)

45A05-0912-CR-723
Criminal. Affirms convictions of and sentences for Class C felonies forgery, and fraud on a financial institution, and three
counts of Class D felony theft.

Thompson
Thrift Construction Inc. v. Bank of Indiana, N.A. (NFP)

84A05-1001-PL-24
Civil plenary. Affirms summary judgment for Bank of Indiana in Thompson Thrift Construction’s attempt to foreclose
its mechanic’s lien on a parcel of real estate on which the bank held three mortgages.

Indiana
Spine Group v. Scenic Hills Care Center (NFP)

93A02-1003-EX-313
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for
provider fee. Remands for further proceedings.

Indiana
Spine Group v. All Seasons Holdings (NFP)

93A02-1003-EX-316
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for
provider fee. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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