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Opinions Aug. 13, 2010

7th Circuit Court of Appeals
Barbara
J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration
09-3917
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s
benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic
fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and
the District Court didn’t err in upholding the ALJ’s credibility determinations.

Admittance of psychologist’s testimony requires new trial

The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.

Judges split in adopted trust-beneficiaries matter

In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.

Attorneys needed for foreclosure events

Attorney volunteers are needed for free borrower outreach programs around Indiana hosted by the Indiana Foreclosure Prevention
Network Sept. 1.

Opinions Aug. 12, 2010 ILD


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ernest
L. Cleary v. State of Indiana (NFP)
49A02-0912-CR-1272
Criminal. Affirms determination that Cleary has the ability to pay restitution. Reverses order for restitution for the van’s
loss of use. Remands with instructions.

Jerry
H. Guffey v. State of Indiana (NFP)
48A05-0911-CR-624
Criminal. Affirms convictions of felony murder, and Class D felonies auto theft and aiding, inducing, or causing arson.

Kimberly
N. Davis v. State of Indiana (NFP)
45A03-1001-CR-8
Criminal. Revises sentence following guilty plea to two counts of Class D felony battery. Remands with instructions.

Cynthia
Ingling and Thomas Grose v. Melissa Grose (NFP)
20A04-1001-ES-25
Estate, supervised. Reverses setting of plaintiffs’ will contest bond at $10,000. Remands for reinstatement of plaintiffs’
claim.

In
re the Guardianship of H.W.; R.R. v. R.B. (NFP)
07A01-1003-GU-112
Guardianship. Affirms denial of R.R.’s Indiana Trial Rule 60(B)(6) motion to set aside a consent order awarding guardianship
of her child to maternal grandmother.

Mark
W. Phillips v. State of Indiana (NFP)
35A02-1001-CR-41
Criminal. Affirms conviction of and sentence for Class C felony child molesting.

Term.
of Parent-Child Rel. of L.P.; H.P. v. Tippecanoe County DCS (NFP)
79A02-0912-JV-1215
Juvenile. Affirms involuntary termination of parental rights.

Robtavious
Collins v. State of Indiana (NFP)
71A04-1001-CR-99
Criminal. Affirms conviction of Class B felony possession of heroin within 1,000 feet of school property.

Roger
Hendrickson v. State of Indiana (NFP)
49A02-0912-CR-1255
Criminal. Affirms conviction of interference with reporting of a crime as a Class A misdemeanor.

William
Young v. State of Indiana (NFP)
49A05-1001-CR-10
Criminal. Affirms convictions of Class B felony burglary and Class D felony criminal recklessness.

T.D.J.
v. State of Indiana (NFP)
71A03-1001-JV-78
Juvenile. Affirms adjudication for committing what would be Class B misdemeanor disorderly conduct if committed by an adult.

Eugene
and L. Anita Hurt v. Estate of Eulalia May, et al. (NFP)
48A02-0912-CV-1248
Civil. Affirms judgment in favor of the estate in its action to foreclose against the Hurts on a real estate contract.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 12, 2010

7th Circuit Court of Appeals
Frank
McAllister v. Jerry L. Price, in his individual capacity
10-1213
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms denial of summary judgment for police officer Price, who claimed qualified immunity. There are genuine issues
of material fact about whether Price violated McAllister’s clearly established constitutional rights. McAllister alleges
that Price violated his Fourth Amendment rights by using excessive force to remove McAllister from his car after suffering
a diabetic episode that resulted in the crash.

Tax Court judge to retire Jan. 1

The state’s first and only judge of the Indiana Tax Court, Judge Thomas G. Fisher, announced today he is stepping down
from the bench Jan. 1, 2011.

No qualified immunity for officer in diabetic man’s claim

The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.

Opinions Aug. 11, 2010 ILD

7th Circuit Court of Appeals
10-1173
United States of America v. Eddie Lamar Carlisle
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms denial of motion to suppress. Carlisle didn’t have a privacy interest in the bag he was carrying, which contained drugs and paraphernalia, when police came to the house during a drug sweep. The officers had reasonable suspicion to believe that criminal activity was occurring and that Carlisle was armed and dangerous, thereby making the initial stop proper.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian N. Stearman v. State of Indiana (NFP)
29A02-1002-CR-214
Criminal. Affirms conviction of Class C felony child solicitation.

Paternity of I.H.; R.P. v. C.H. (NFP)
84A04-1004-JP-237
Juvenile. Affirms order finding R.P. to be father of I.H. and requiring father to pay $47 per week in child support plus an arrearage of $7,238.

Devon Sterling v. State of Indiana (NFP)
49A05-0910-CR-606
Criminal. Affirms conviction of murder.

Paternity of C.T.; J.M. v. R.T. (NFP)
33A01-1003-JP-184
Juvenile. Affirms order granting father R.T.’s motion for relief from judgment.

Term. of Parent-Child Rel. of J..; J.L. v. I.D.C.S. (NFP)
34A02-1001-JT-209
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 11, 2010

7th Circuit Court of Appeals
United States of America v. Eddie Lamar Carlisle
10-1173

U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms denial of motion to suppress. Carlisle didn’t have a privacy interest in the bag he was carrying, which contained drugs and paraphernalia, when police came to the house during a drug sweep. The officers had reasonable suspicion to believe that criminal activity was occurring and that Carlisle was armed and dangerous, thereby making the initial stop proper.

COA affirms doctrine of transferred intent applies

The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated
for committing battery for hitting his teacher unintentionally when trying to punch another student.

Couple should have jury trial on legal claims

A couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and
loan servicer, the Indiana Court of Appeals ruled today.

U.S. Senate debating Indiana judge’s nomination

Indiana is at the heart of a legislative discussion about the future of the federal judiciary, and debate about a judge's
controversial nomination is coming to a head this week.

Opinions Aug. 10, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
City
of Indianapolis v. Cynthia Hicks on behalf of and as next friend of Jada Richards, a minor
49A02-1002-CT-95
Civil tort. Affirms nunc pro tunc order granting Hicks’ motion to correct error and reinstating her negligence suit
brought against the City of Indianapolis on behalf of her minor child. The city waived any challenge based on the magistrate’s
lack of authority to sign the order by not objecting until after time for ruling on the motion to correct error expired. The
CCS entries provide a sufficient basis to later issue the order. The grant of the motion to correct error wasn’t an
abuse of discretion because the city didn’t show noncompliance with the tort claim notice requirements of the Indiana
Tort Claims Act.

Ryan
Armstrong v. State of Indiana (NFP)
79A02-1002-CR-107
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle while intoxicated, and Class A misdemeanors possession
of marijuana and possession of paraphernalia.

Roosevelt
Williams v. State of Indiana (NFP)
49A02-0911-PC-1124
Post conviction. Affirms denial of petition for post-conviction relief.

Timothy
A. Stevens v. State of Indiana (NFP)
45A05-0912-CR-723
Criminal. Affirms convictions of and sentences for Class C felonies forgery, and fraud on a financial institution, and three
counts of Class D felony theft.

Thompson
Thrift Construction Inc. v. Bank of Indiana, N.A. (NFP)
84A05-1001-PL-24
Civil plenary. Affirms summary judgment for Bank of Indiana in Thompson Thrift Construction’s attempt to foreclose
its mechanic’s lien on a parcel of real estate on which the bank held three mortgages.

Indiana
Spine Group v. Scenic Hills Care Center (NFP)
93A02-1003-EX-313
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for
provider fee. Remands for further proceedings.

Indiana
Spine Group v. All Seasons Holdings (NFP)
93A02-1003-EX-316
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for
provider fee. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 10, 2010

7th Circuit Court of Appeals
United
States of America v. Jermarcus Robinson
09-3955
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of possession with intent to distribute crack cocaine. The District Court correctly refused
to suppress the cocaine police officers pulled from Robinson’s buttocks after a traffic stop. The officer wasn’t
satisfied with his initial effort to pat down Robinson and was justified to return to finish the job within the bounds outlined
in Terry.

7th Circuit: Officer allowed to resume frisk

As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when
police have many reasons why they may legitimately stop the car.

Judges: 2-year statute of limitations doesn’t apply

The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider
fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of
limitations.