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Conour enters guilty plea

Former leading personal-injury attorney William Conour has entered a guilty plea  in his federal wire fraud case.

Opinions July 3, 2013 ILD

Indiana Court of Appeals
Anthony Edwards v. State of Indiana (NFP)
49A02-1210-CR-803
Criminal. Affirms sentence for convictions of Class B felony burglary, Class D felony theft, seven counts of Class A misdemeanor criminal trespass, and Class B misdemeanors public intoxication, voyeurism, and failure to stop after an accident causing damage to property other than another vehicle.

Carlos A. Smith v. State of Indiana (NFP)
71A03-1211-CR-466
Criminal. Affirms conviction of Class D felony possession of marijuana with a prior conviction of possession of marijuana.

Michael G. Chamlee v. State of Indiana (NFP)
65A04-1301-CR-9
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class B felony unlawful possession of a firearm by a serious violent felon and Class C felony possession of chemical reagents or precursors.

Jasen M. Snelling v. State of Indiana (NFP)
24A01-1301-CR-30
Criminal. Affirms aggregate 40-year sentence following guilty plea to five counts of Class C felony offering and selling a security that was not registered, federally covered or exempt from registration; five counts of Class C felony failing to register as a broker-dealer, and nine counts of Class C felony securities fraud.

Thomas R. Tokarski and Sandra W. Tokarski v. State of Indiana (NFP)
53A01-1211-PL-498
Criminal. Affirms trial court striking of the Tokarskis’ objections and issuance of an order of appropriation and appointment of appraisers after the state sought to condemn real property owned by the couple to build I-69.

Adam J. Smith v. State of Indiana (NFP)
05A05-1301-CR-41
Criminal. Affirms revocation of probation.

Wesley Cashdollar v. State of Indiana (NFP)
70A01-1204-CR-139
Criminal. Affirms revocation of probation.

In Re: the Marriage of: William Scott Wilson v. Andrea (Wilson) Gunning (NFP)
29A04-1208-DR-435
Domestic relation. Affirms order dissolving marriage and determination of issues including division of property, attorney fees, child support and custody.

In Re: The Paternity of S.J.E-C: Clarence Cones, III v. S.J.E-C, by next friend: Tabetha J. Emenaker, and Tabetha J. Emenaker (NFP)
49A02-1210-JP-805
Juvenile. Affirms order modifying custody of the minor child in favor of mother T.E.

Kevin Govan v. State of Indiana (NFP)
02A03-1302-CR-60
Criminal. Affirms denial of motion to correct erroneous sentence.

William Temple v. State of Indiana (NFP)
33A01-1211-MI-533
Miscellaneous. Reverses order dismissing petition for writ of state habeas corpus relief following revocation of Temple’s parole. Remands with instructions to transfer the cause to the court where he was convicted and sentenced.

State of Indiana v. Mark M. Hairston (NFP)
02A04-1209-PC-476
Post conviction. Grants rehearing and concludes that Hairston’s sentence runs afoul of the protection against double jeopardy enhancements and his appellate counsel’s failure to raise the issue on direct appeal amounts to ineffective assistance. Remands with instructions to vacate his 10-year repeat sexual offender enhancement and adjust his sentence accordingly.

Justin Land v. State of Indiana (NFP)
32A01-1212-CR-546
Criminal. Affirms conviction of Class B felony causing death while operating a motor vehicle.

Armando B. Quintero v. Maria L. Quintero (NFP)
43A03-1210-DR-434
Domestic relation. Affirms order with respect to the award of one-half of the value of the home and attorney fees of $8,000 to Maria Quintero. Reverses division of the full value of Armando Quintero’s pension between the parties and remands with instructions.

Corrie Tomblin v. Michael A. Tomblin (NFP)
50A03-1211-DR-471
Domestic relation. Affirms order modifying custody in the decree dissolving the Tomblins’ marriage.

Greg Haney, as Trustee of the Revocable Trust Agreement of Jay Budman Farrar Executed October 5, 1999 v. Patricia J. Farrar, as Personal Representative of the Estate of Jay B. Farrar (NFP)
29A02-1212-EU-1004
Estate, unsupervised. Affirms denial of Haney’s petition to require Patricia Farrar to pay certain estate expense out of the estate as opposed to funds within the trust over which Haney was the trustee.

Joseph E. Stambaugh v. State of Indiana (NFP)
71A03-1212-CR-545
Criminal. Affirms convictions of Class C felony operation a motor vehicle after lifetime suspension of driving privileges, Class D felonies resisting law enforcement and possession of cocaine, Class A misdemeanor possession of marijuana and Class B misdemeanor false informing.

Arlisha Williams v. Review Board of the Indiana Department of Workforce Development, and UPS Ground Freights, Inc. (NFP)
93A02-1211-EX-959
Agency action. Affirms denial of unemployment benefits.

Alfred Vela v. State of Indiana (NFP)
45A05-1210-CR-559
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

Opinions July 3, 2013

7th Circuit Court of Appeals
United States of America v. Ronald Ritz
11-3320
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Dismisses Ritz’s appeal of the grant of summary judgment in favor of the government that Ritz’s campground is subject to the Safe Drinking Water Act and its regulations. Ritz has waived all of the new arguments he now raises for the first time on appeal by failing to present them to the District Court.

Defendant waived right to appeal sentence

Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.

7th Circuit dismisses campground owner’s appeal after raising new arguments

A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.

COA split over reversing summary judgment in slip-and-fall case

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

Judges uphold sale of properties in tax sale

The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.

Happy Fourth of July!

Indiana Lawyer daily will not be published July 4 or 5 in observance of Independence Day.
 

Chief justice appoints Bloomington man to disciplinary commission

Chief Justice Brent Dickson has appointed Bloomington resident Kirk White to a five-year term with the Indiana Supreme Court Disciplinary Commission. White fills a vacancy created by the expiration of Richmond resident Fred Austerman’s second term.

Ex-prosecutor pleads guilty to bribery

A former Marion County deputy prosecutor pleaded guilty Tuesday in an Indianapolis federal court to accepting a bribe. As part of the plea, he agreed to tell federal prosecutors what he knows about public corruption in Indianapolis.

Opinions July 2, 2013 ILD

Indiana Court of Appeals
Fireworks West International, et al. v. David Prim, et al. (NFP)
49A04-1211-CT-582
Civil tort. Affirms denial of summary judgment in favor of David Prim, et al.

Iris Newt v. State of Indiana (NFP)
32A01-1211-CR-503
Criminal. Affirms jury conviction of Class D felony theft and entrance of judgment and sentence as Class A misdemeanor theft.

Charles Hall v. State of Indiana (NFP)
75A03-1107-PC-331
Post conviction. Affirms denial of post-conviction relief for a conviction of Class B felony dealing in methamphetamine.

Steven C. Cupery v. State of Indiana (NFP)
20A03-1212-CR-547
Criminal. Affirms two-year sentence for conviction of Class D felony possession of cocaine pursuant to an agreement that dismissed an unrelated criminal case.

Darryl Crenshaw and Krisean Porter v. State of Indiana (NFP)
49A02-1210-CR-859
Criminal. Affirms denial of petitions for restricted disclosure of arrest records on dismissed charges.

Maria Torres v. Lovisa Enders (NFP)
49A02-1302-CT-122
Reverses and remands trial court order dismissing Maria Torres’ negligence claim against Lovisa Enders, holding that the trial court erred and should have granted summary judgment in favor of Torres on the issue of whether the complaint was timely brought. The court orders the complaint reinstated.

Fred L. Froeschke and Judith A. Froeschke v. City of Vincennes (NFP)
42A04-1301-PL-29
Civil plenary. Affirms order granting summary judgment in favor of the city of Vincennes.

Dwight A. Washington v. State of Indiana (NFP)
49A04-1211-CR-559
Criminal. Affirms convictions of multiple counts of child molestation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

 

Opinions July 2, 2013

Indiana Court of Appeals
Tequita Ramsey v. Lightning Corporation
49A02-1209-CC-705
Civil Collection. Affirms the trial court’s judgment in decertifying the class. In this case of first impression, the COA noted it could find no logical reason to hold that a trial court may never revoke or rescind an order certifying a class. To do so would mean that once a class action is certified, the class could not be later decertified even if facts and evidence discovered afterward suggests the class should not have been certified in the first place.