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Opinions Oct. 13, 2010

7th Circuit Court of Appeals
United States of America v. Cruz Saenz
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of conspiring to distribute more than 5 kilograms of cocaine but vacates his 293-month sentence. Rejects Saenz’s speedy trial challenge because nearly all of the delay is attributable to requests by Saenz or his co-defendants and the court didn’t error in imposing an obstruction of justice enhancement by concluding Saenz willfully lied about whether he knew the money he was transporting was drug money. Remands for the District Court to reconsider whether Saenz should receive the minor role adjustment as there is no evidence in the record of his involvement in a conspiracy beyond the single transport of money.

Court: stipulation can be in preliminary jury instructions

Even though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession of a firearm by a serious violent felon.

State bar releases results of COA retention survey

If the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.

Indiana Court of Appeals Judicial Retention Q&A

Indiana Lawyer posed 11 questions to the five Indiana Court of Appeals judges who are facing retention this year – Judges L. Mark Bailey, Melissa S. May, Margret G. Robb, Cale J. Bradford, and Elaine B. Brown.

7th Circuit finds for energy plant

The 7th Circuit Court of Appeals today reversed a decision out of Indiana regarding a claim by the Environmental Protection Agency that Cinergy Corp. was wrong to modify its coal-burning plants without first obtaining a permit from the EPA.

Opinions Oct. 12, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
In Re the Guardianship of A.M.N.; M.N. and E.N. v. B.C. (NFP)
39A01-1001-GU-73
Guardianship. Affirms trial court did not abuse its discretion in terminating the grandparents’ guardianship in favor of mother.

Kenneth Pairsh v. Annette Pairsh (NFP)
18A02-1002-DR-151
Domestic relation. Affirms trial court’s denial of Kenneth Pairsh’s request for spousal maintenance and its distribution of marital property

Emmanuel T. Williams v. State of Indiana (NFP)
45A04-1003-CR-199
Criminal. Affirms 15-year sentence for Class B felony aggravated battery.

Anthony Williams v. State of Indiana (NFP)
29A02-1002-CR-352
Criminal. Affirms conviction of Class D felony auto theft.

Luther J. Gant v. State of Indiana (NFP)
02A03-1004-CR-208
Criminal. Affirms conviction of Class B felony robbery and 15-year sentence.

Ronnie Drane v. State of Indiana (NFP)
45A03-0912-PC-600
Post conviction. Affirms denial of post-conviction relief.

Michelle Woods v. State of Indiana (NFP)
49A04-1002-CR-119
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 12, 2010

7th Circuit Court of Appeals
United States of America and State of New York, et al. v. Cinergy Corp., et al.
No. 1:99-CV-1693
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses District Court ruling in the government’s favor regarding modifications involving sulphur dioxide emissions because Cinergy met the standard that was authorized by a state plan the Environmental Protection Agency approved. Finds the District Court should not have admitted evidence by the EPA’s expert witnesses. Rules that without expert testimony to support an estimate of actual emissions caused by the modifications, the government cannot prevail with respect to the charge of nitrogen oxide pollution. Dismisses cross-appeal.

ISBA panel still studying ALJ issues

Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there.

Actual notice denies bona fide purchaser defense

The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.

SCOTUS rejects two Indiana cases

The Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state rulings on both cases.

Commissions applicants Q&A online

Read the responses from the five Indiana Judicial Nominating and Qualification commissions nominees to questions posed by Indiana Lawyer.

commission

IBA Frontlines

IBA Frontlines for Oct. 13-26, 2010.

Hickey:The Many Faces of IndyBar

Earlier this year, I promised that we would introduce you to the many faces of the Indianapolis Bar Association.

IBA: 2010 IBA Diversity Job Fair

For the third year in a row, the Indianapolis Bar Association’s Diversity Job Fair has successfully created employment opportunities in Indianapolis for a diverse set of students from around the country.

IBA: Inaugural Class of Senior Fellows

The Indianapolis Bar Foundation had inducted a new class of fellows, Senior Fellows. Senior Fellows of the Indianapolis Bar Foundation are Distinguished Fellows who have been nominated based upon their continued and outstanding dedication to the welfare of their communities and to the high­est principles of the legal profession.