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Opinions July 23, 2015

7th  Circuit Court of Appeals
The following opinion was issued after IL deadline Wednesday.
United States of America v. Joseph B. Miller
14-2779
Appeal from the United States District Court for the Northern District of Indiana.
Judge James T. Moody.
Criminal. Affirms bank robbery conviction, holding that neither an FBI agent’s alleged misstatements nor defense counsel’s purported errors in failing to suppress certain evidence affected the outcome of the trial.

Judge tired of discovery spats in airport insurance dispute

The latest dispute in a contentious multi-million-dollar insurance coverage lawsuit arising from a terminal construction mishap at Indianapolis International Airport has led a federal judge to single out opposing counsel in the case.

Opinions July 22, 2015 ILD

Indiana Court of Appeals

John Bochner v. State of Indiana (mem. dec.)
41A01-1409-CR-404
Criminal. Affirms denial of request for restoration of credit time.

Evelyn Butcher v. State of Indiana (mem. dec.)
49A02-1412-CR-831
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Steven Miller v. State of Indiana (mem. dec.)
32A01-1412-CR-531
Criminal. Affirms convictions of two counts of Class B felony dealing in methamphetamine.

Earl Edwards v. State of Indiana (mem. dec.)
61A01-1411-CR-502
Criminal. Affirms 60-year sentence imposed for his guilty plea to murder, Class B felony criminal confinement, and Class D felony theft.

Hameck Oil Company, Ltd., TWE Management, LLC, Eckard Global, LLC, and Troy W. Eckard v. J Group Energy I, LLC and Bakken Oil & Gas Management, Inc., and HOC Bakken Legacy I, LLC (mem. dec.)
49A2-1409-PL-635
Civil plenary. Affirmed trial court in its determination that the company agreement’s arbitration provision did not apply to Hameck Oil, the company’s manager.

Property-Owners Insurance Company v. Gerald T. Powers and Phyllis J. Powers, et. al. (mem. dec.)
73A05-151-PL-2
Civil plenary. Reverses judgment on the pleadings in favor of the Powerses and remands for proceedings.

Roger Pringle v. State of Indiana (mem. dec.)
03A01-1502-CR-78
Criminal. Affirms denial of motion for permission to file a belated appeal.

In re the Matter of the Paternity of L.J.E.L., K.J.D.L. v. L.J.B. (mem. dec.)
42A01-1411-JP-546
Paternity. Affirms order awarding physical custody of L.J.E.L. to mother L.J.B.

Opinions July 22, 2015

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Tuesday.
United States of America v. Michael B. McClellan
14-2449
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division; Chief Judge Philip P. Simon.
Criminal. Affirms convictions of harboring an illegal alien, three counts of mail fraud, and one count of engaging in a monetary transaction involving criminally derived property. The evidence presented to the jury was sufficient for the convictions, and jury instructions concerning the harboring count did not constitute plain error.

7th Circuit overturns some Blagojevich Senate-seat convictions

A federal appeals court Tuesday overturned some of the most sensational convictions that sent former Illinois Gov. Rod Blagojevich to a lengthy stint in prison, ruling that the Democrat did not break the law when he sought to secure a Cabinet position in President Barack Obama’s administration in exchange for appointing an Obama adviser to the president’s former U.S. Senate seat.

Bankruptcy cases drop in 2014, repeat filings rise

Individual consumer debt bankruptcy petitions declined in 2014, but for a significant number of people, this wasn’t the first time they’d filed for bankruptcy in the last eight years.

7th Circuit affirms restaurateur’s harboring conviction

The 7th Circuit Court of Appeals Tuesday affirmed an Illinois businessman’s conviction of harboring illegal immigrants in a northern Indiana restaurant he owned along with a nearby house where his workers lived.

Judgment for city on wrongful arrest claim affirmed

An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.

Opinions July 21, 2015 ILD

Indiana Court of Appeals
In the Matter of: A.B. and C.S. (Minor Children), Children Alleged to be in Need of Services, S.W. (Mother) and M.S. (Father) v. The Indiana Department of Child Services, et al (mem. dec.)
53A01-1408-JC-365
Juvenile CHINS. Reverses trial court’s CHINS adjudication. Rules the evidence presented at the fact-finding hearings does not support the conclusion that Mother is unable to care for her children or that court intervention was needed.

Danney R. Lowery v. State of Indiana (mem. dec.)
06A01-1410-CR-459
Criminal. Affirms the calculation of Lowery’s credit time in connection with the revocation of his placement in community corrections. Finds Lowery is not entitled to good-time credit for the home detention he served after Jan. 18, 2013.

Westville Lounge, Ltd., d/b/a Crossroads, and Michael Ganz d/b/a Crossroads Lounge v. Walter Wesley (mem. dec.)
46A05-1412-CT-606
Civil tort. Affirms denial of Ganz’s motion for relief from judgment under Indiana Trial Rule 60(B).

Clayton Labarr v. State of Indiana (mem. dec.)
49A04-1411-CR-523
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor.

Austin Barnard v. State of Indiana (mem. dec.)
34A02-1412-CR-896
Criminal. Affirms revocation of Barnard’s probation and order that the 650 days remaining on Barnard’s sentence be executed.  

Robert S. Kaufman v. State of Indiana (mem. dec.)
82A01-1411-CR-516
Criminal. Reverses conviction of Class A felony dealing in methamphetamine within 1,000 feet of a family housing complex. Remands to trial court to vacate Kaufman’s conviction and sentence for dealing in methamphetamine as a Class A felony and to enter judgment of conviction on one count of possession of two or more chemical reagents or precursors with intent to manufacture methamphetamine within 1,000 feet of a family housing complex as a Class C felony and to sentence accordingly.  

Shawn Wayne Kinningham v. State of Indiana (mem. dec.)
82A01-1411-CR-503
Criminal. Reverses convictions of three counts of attempted theft, as Class D felonies. Finds trial court abused its discretion when, over Kinningham’s continuing objection, it allowed employees from the four auto dealerships to testify and admitted into evidence the checks drawn on Kinningham’s bank account as well as the documents detailing Kinningham’s and his partner’s sales negotiations with the dealerships. Remands for proceedings consistent with this opinion.  

Cory Alan Neal v. State of Indiana (mem. dec.)
85A02-1412-CR-839
Criminal. Affirms 40-year sentence for Class A felony child molesting.

 

Opinions July 21, 2015

Indiana Supreme Court
In the Matter of: Steven J. Ouellette
02S00-1502-DI-107
Attorney discipline. Disbars Steven J. Ouellette for converting $8,725 in client funds and failing to cooperate with the disciplinary process. Ouellette, who currently was suspended indefinitely in a separate disciplinary matter, violated Rules of Professional Conduct 1.15(a), 8.1(b), 8.4(b) and 8.4(c). Respectively, those rules violations are for failing to hold client property in trust; failing to respond to disciplinary authorities; committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness; and conduct involving dishonesty, fraud, deceit or misrepresentation.