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IBF provides classes for educational programs

An annual highlight for participants, mentors, and organizers, the summer institutes for Project Citizen and We The People have once again actively prepared teachers to present civics lessons so students can understand and become responsible citizens.

3 remain in running for Indiana Supreme Court

Two trial judges and an appellate attorney have emerged as finalists for the Indiana Supreme Court, but one those three almost
didn’t make it to Indianapolis for the second interview on Friday. Story includes video clips from the interviews.

ISC

3 emerge as finalists for justice seat

The Indiana Judicial Nominating Commission has completed its work.
Now, it’s up to Gov. Mitch Daniels to decide who’ll be the next Indiana Supreme Court justice.

ISC

Commission interviewing 9 semi-finalists today

One set of interviews remain before the Indiana Judicial Nominating Commission goes into a closed-door meeting to deliberate
which three names should be sent to the governor to decide who will be the state’s next Supreme Court justice.

BP073010

Opinions July 30, 2010 ILD

7th Circuit Court of Appeals
United
States of America v. Anthony L. Vaughn
09-3789
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Criminal. Affirms 180-month sentence after pleading guilty to committing aggravated assault on a federal officer. The District
Court reasonably explained why the sentence that was outside the guidelines range was appropriate.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William
Foster v. State of Indiana (NFP)
49A04-0908-CR-435
Criminal. Affirms convictions of Class A felony neglect of a dependent and Class C felony reckless homicide.

In
the matter of the marriage of : L.S. v. J.H. (NFP)
41A04-0910-CV-605
Civil. Reverses trial court order that ordered father is not required to enroll C.H. in gymnastics during his extended summer
parenting time in Indiana or contribute to the expenses associated with gymnastics. Remands with further instructions. Affirms
decree of modification in all other respects.

Christopher
W. Hovis v. State of Indiana (NFP)
92A03-0910-CR-487
Criminal. Dismisses belated appeal of convictions of and sentence for Class C felony assisting a criminal and a habitual
offender enhancement.

Geronimo
Montalvo v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07301001lmb.pdf
12A05-0910-CR-597
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions July 30, 2010

7th Circuit Court of Appeals
United
States of America v. Anthony L. Vaughn
09-3789
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Criminal. Affirms 180-month sentence after pleading guilty to committing aggravated assault on a federal officer. The District
Court reasonably explained why the sentence that was outside the guidelines range was appropriate.

Wrongfully convicted man can pursue IIED claim

A man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim
against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.

Court defines due process rights for drug court participants

The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.

Commission names 3 finalists

The Indiana Judicial Nominating Commission has picked Boone Circuit Judge Steven David, Marion Superior Judge Robyn Moberly,
and Bingham McHale attorney Karl Mulvaney as finalists for the next Indiana Supreme Court justice.

ISC

Opinions July 29, 2010 ILD

7th Circuit Court of Appeals
Louis
and Karen Metro Family LLC, et al. v. Lawrenceburg Conservancy District, et al.
09-2418, -2482
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussman.
Civil. Affirms the City of Lawrenceburg and the Lawrenceburg Conservancy District breached their contract with the Metros
to convey land to the Metros based on the option contract their company held. Vacates decision to reform the contract to change
the date by which the option could be exercised from 18 months after completion of the project to 18 months after the date
of the District Court opinion. Remands for further proceedings to calculate damages and to assess costs against the district
and city.

United
States of America v. David Diaz-Gaudarama
09-4048
U.S. District Court, Southern District of Indiana, New Albany Division, Judge David F. Hamilton.
Criminal. Affirms District Court denial to credit Diaz-Gaudarama with the two-point reduction for acceptance of responsibility.
The District Court properly relied on the last-minute nature of Diaz-Gaudarama’s guilty plea and his own statements
during his plea colloquy don’t reflect remorse. He had even faked psychological illness in an attempt to evade punishment.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Eric
C. Danner v. State of Indiana
71A03-1001-CR-13
Criminal. Affirms convictions of dealing in cocaine, possession with intent to deliver over three grams as a Class A felony
and possession of marijuana as a Class A misdemeanor. The decision of the corporal to impound Danner’s car, which was
later approved by her supervisor, was valid under paragraph K of the written police department policy and the evidence was
properly admitted. The corporal’s observation of the marijuana was a proper plain view observation providing the officer
with probable cause, and the search of the car doesn’t violate state or federal constitutional rights.

Elizabeth
Bernel v. Jeffrey A. Bernel
46A03-0911-CV-511
Civil. Affirms denial of injunctive relief for Elizabeth. Reverses conclusion that the settlement agreement didn’t
require Jeffrey to refinance or otherwise satisfy the outstanding balance on the JP Morgan Bank line of credit as necessary
to remove the lien of debt from that account. Remands for the dissolution court to enter a money judgment in the amount of
$950,000 for Elizabeth and against Jeffrey and to determine a reasonable amount of attorney fees. Holds Elizabeth shall be
awarded prejudgment interest.  

State
of Indiana v. Carla F. Wells (NFP)
71A03-0911-CR-545
Criminal. Affirms trial court order granting Wells’ motion to suppress.

Eastern
Livestock, Inc. and Thomas P. Gibson v. Bill Day (NFP)
88A01-0909-CV-436
Civil. Affirms findings regarding “missing cattle” and the damages award to Day, charges made by Eastern and/or
Gibson in Day’s account, and overpayments that Eastern and Gibson allegedly made to Day. Also affirms conclusion that
Day’s pasture contracts with Gibson were not unconscionable and the refusal to award prejudgment interest to Day.

Donna
Demko v. Jeffrey P. Demko (NFP)
64A03-0811-CV-550
Civil. Grants petition for rehearing and reaffirms original opinion on child support, custody and other matters.

Jeffrey
B. Flora v. State of Indiana (NFP)
43A03-1002-CR-93
Criminal. Affirms denial of motion to remove sexually violent predator status.

Scott
S. Nowatzke v. Lorine L. Nowatzke (NFP)
46A05-0910-CV-611
Civil. Affirms division of property pursuant to the dissolution of the marriage.

Debra
L. Collins v. State of Indiana (NFP)
49A04-0912-CR-742
Criminal. Affirms conviction of Class D felony possession of a controlled substance.

Harvey
L. Lancaster v. State of Indiana (NFP)
49A02-1001-CR-10
Criminal. Affirms convictions of Class B misdemeanors disorderly conduct and public intoxication.

Mickel
J. Mills v. State of Indiana (NFP)
49A05-0910-CR-616
Criminal. Affirms sentence following guilty plea to Class D felony criminal trespass and Class A misdemeanor criminal trespass.

Robert
F. Dougan v. State of Indiana (NFP)
18A02-0912-CR-1268
Criminal. Affirms convictions of and sentence for Class D felony residential entry and three counts of Class D felony intimidation.

Ryan
E. Whitley v. State of Indiana (NFP)
49A05-1001-CR-34
Criminal. Affirms conviction of Class D felony public indecency.

Raymond
Johnson v. State of Indiana (NFP)
48A02-0912-CR-1285
Criminal. Affirms revocation of probation.

Joe
L. Knuckles v. State of Indiana (NFP)
20A05-1002-CR-57
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Adam
N. Bock v. State of Indiana (NFP)
17A03-1003-CR-134
Criminal. Affirms conviction of operating a vehicle while intoxicated with an alcohol concentration equivalent to 0.08 or
more as a Class C misdemeanor.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions July 29, 2010

7th Circuit Court of Appeals
Louis
and Karen Metro Family LLC, et al. v. Lawrenceburg Conservancy District, et al.
09-2418, -2482
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussman.
Civil. Affirms the City of Lawrenceburg and the Lawrenceburg Conservancy District breached their contract with the Metros
to convey land to the Metros based on the option contract their company held. Vacates decision to reform the contract to change
the date by which the option could be exercised from 18 months after completion of the project to 18 months after the date
of the District Court opinion. Remands for further proceedings to calculate damages and to assess costs against the district
and city.