Opinions June 26, 2015

June 26, 2015

7th Circuit Court of Appeals
Renato DeBartolo v. United States of America
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller.
Reverses denial of a petition for relief from a removal order resulting in the deportation of DeBartolo to Italy. The panel held that the failure of DeBartolo’s attorney to inform him that pleading guilty to a drug charge could result in deportation proceedings was ineffective assistance of counsel.

Indiana Court of Appeals
Sabrina Y. Dada v. State of Indiana
Criminal. Reverses trial court denial of a petition to expunge records of a 2007 summons for a charge of Class C misdemeanor illegal consumption of alcohol. Remands to the trial court with instructions to expunge the relevant records. The fact that Dada was not formally arrested does not vitiate her right to expungement of the records related to the incident.

Wells Fargo Bank, N.A. v. Rieth-Riley Construction Co., Inc.; Woodmar Hammond, LLC; The Bon-Ton Department Stores, Inc.; Build Tech, Inc.; Ziese & Sons Excavating, Inc.; et al
Civil plenary. Reverses order of summary judgment in favor of Wells Fargo that required the company to deposit money to satisfy a mechanic’s lien on the same property. Remands with instructions. Reith-Riley’s mechanic’s lien is junior to Wells-Fargo’s mortgage on the Woodmar Shopping Center, so Reith-Riley is entitled to proceeds from the sale of a lot only after the mortgage has been satisfied.

James Lee Sparks v. State of Indiana
Criminal. Reverses conviction of Class D felony contracting arising from Sparks’ role operating poker games at a veterans lodge. The state failed to produce evidence that Veterans of Foreign Wars Post 1126 in Warsaw was a qualified organization under Indiana Code 4-32.2-2-24, a required element of the contracting offense.

David Drummond v. State of Indiana (mem. dec.)
Criminal. Affirms denial of petition to modify sentence.

Terry L. Austin v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony bribery and Class D felony official misconduct.

White County Sheriff John Roberts, White County Commissioners, John Heimlick, Ronald Schmierer, and Steve Burton v. Chris and Connie Luthi (mem. dec.)
Civil tort. Affirms denial of White County parties’ motion for summary judgment on negligence claim.