Opinions Aug. 18, 2010

7th Circuit Court of Appeals
United
States of America v. Anna LaFaive, also known as Phyllis Click
09-2344
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of and sentence for two counts of bank fraud and two counts of aggravated identity theft. 18
U.S.C. Section1028A criminalizes the use of both a living or deceased person’s identification. The District Court did
not plainly err in calculating or imposing her sentence.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Hematology-Oncology
of Indiana, P.C. v. Hadley W. Fruits, Personal Rep. for the Estate of Elizabeth Ann Cadou
49A05-0910-CV-556
Civil. Affirms award of attorney’s fees, costs, and expenses to the estate in its medical malpractice and wrongful
death suit. Such an award is available under the Wrongful Death Act or the Adult Wrongful Death Act and the award doesn’t
cause the estate’s recovery to exceed the cap provided in the Medical Malpractice Act.

Meridian
Security Ins. Co., et al. v. Stefo Gubic, et al.
45A03-0911-CV-538
Civil. Affirms summary judgment in favor of Hoffman Adjustment Co. and Joe Hoffman in Meridian’s third-party complaint
that Hoffman breached the terms of the Gubics’ insurance policy, failed to act in good faith, engaged in spoliation
of evidence and fraud, committed unauthorized practice of law, and tortiously interfered with Meridian’s business and
contractual relationships with the Gubics. Meridian’s claims aren’t actionable under Indiana law because Hoffman
had no contractual relationship with Meridian in his capacity as a public adjuster and the Gubics’ agent.

David
D. Hauk v. State of Indiana (NFP)
20A05-1003-CR-161
Criminal. Affirms aggregate 10-year sentence for operating while intoxicated as a Class D felony and for being a habitual
substance offender.

Timothy
and Sonia Platt v. Wachovia Dealer Services (NFP)
49A05-1002-PL-148
Civil plenary. Affirms dismissal of the Platts’ complaint against Wachovia regarding modification of their credit agreement
with Wachovia.

Wardel
Brown, III v. State of Indiana (NFP)
48A05-1001-CR-2
Criminal. Affirms revocation of probation and sentence imposed.

Alvino
Pizano v. State of Indiana (NFP)
45A04-1003-PC-220
Post conviction. Affirms calculation and assignment of credit time earned.

Linda
Montalvo v. State of Indiana (NFP)
12A02-0909-CR-931
Criminal. Affirms 25-year sentence following guilty plea to Class A felony dealing in cocaine.

Terry
L. Duckworth v. State of Indiana (NFP)
48A02-1001-CR-84
Criminal. Affirms revocation of probation and execution of Duckworth’s previously suspended sentence.

Term.
of Parent-Child Rel. of T.H.C.; T.C. & C.P. v. I.D.C.S. (NFP)
71A04-1001-JT-104
Juvenile. Affirms involuntary termination of parental rights.

Clyde
Edward Pryor v. State of Indiana (NFP)
71A04-0912-CR-748
Criminal. Affirms conviction of and sentence for Class D felony attempted residential entry.

Term.
of Parent-Child Rel. of K.N. and D.N.; J.P.N. v. Crawford County DCS (NFP)
13A04-1002-JT-88
Juvenile. Affirms involuntary termination of parental rights.

Carlee
Smith v. State of Indiana (NFP)
71A04-1002-CR-53
Criminal. Affirms conviction of Class C felony burglary.

William
P. Ruel v. State of Indiana (NFP)
45A03-0911-CR-515
Criminal. Affirms sentence following guilty plea to Class D felony failure to return to lawful detention.

Adoption
of N.W.; J.R. & L.R. v. I.D.C.S. (NFP)
79A04-1003-AD-180
Adoption. Affirms denial of petition for adoption of N.W.

Ryan
Hade v. State of Indiana (NFP)
02A05-1002-CR-102
Criminal. Affirms sentence following guilty plea to Class B felonies robbery, unlawful possession of a firearm by a serious
violent felon, resisting law enforcement, and three counts of criminal confinement.

William
Sebastian, Jr. v. State of Indiana (NFP)
14A01-1001-CR-20
Criminal. Affirms revocation of probation and remands for clarification.

Indiana Tax Court had posted no opinions at IL deadline.