Opinions Aug. 25, 2016

August 25, 2016
KEYWORDS Opinions / neglect

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Maria Eudofilia Arias v. Loretta E. Lynch, attorney general of the United States
Petition for review of an order of the Board of Immigration Appeals. Grants Arias’ petition for review of a removal order based on her criminal conviction of falsely using a Social Security number to work. Remands due to the board’s legal error and the current vacuum of authoritative guidance on how the board should determine whether a crime involves moral turpitude.

Thursday’s opinions
Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.

Estate of Kelly Ecker, by its Personal Representative, Patricia Ann Leturgez v. Estate of George Scott Samson
Estate. Affirms summary judgment order denying the Ecker estate’s motion for summary judgment against the estate of George Scott Samson and granting the motion for summary judgment of intervenors Jennifer, Maria and Katherine Samson. The trial court did not err as a matter of law in determining that George Samson’s profit sharing plan and trust was, pursuant to I.C. 37-17-13-1(b), property specifically excluded from the definition of a “nonprobate transfer” recoverable to pay estate claims.

William Verlin Martz v. State of Indiana (mem. dec.)
Criminal. Affirms felony murder conviction.

Robert Smith v. State of Indiana (mem. dec.)
Miscellaneous. Affirms summary judgment for the state on its complaint for forfeiture.

David Bryan Cunningham v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor resisting law enforcement.

Maurice Louis McCoy v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 3 felony robbery.

Chanse T. Starr v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion for additional credit time.

Anita Rodriguez v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.

Imad A. Elayan v. Vincent M. Campiti (mem. dec.)
Civil plenary. Affirms dismissal with prejudice of Elayan’s legal malpractice lawsuit against Campiti. Affirms award of a portion of Campiti’s attorney fees.

Latroy Maxwell v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence for Level 1 felony rape.

Dameco Brent v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.