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Opinions Aug. 25, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Fernando
B. Eguia Sr. v. State of Indiana (NFP)
01A02-1001-CR-157
Criminal. Affirms conviction of Class B misdemeanor disorderly content.

M.H.
v. J.H. (NFP)
30A01-1003-DR-99
Domestic relation. Affirms trial court’s calculation of income, treatment of tax exemptions, and failure to find contempt.
Reverses court’s assessment of child support and remands for the trial court to recalculate the cost of child support.

Uma
Chaluvadi v. City of Indianapolis (NFP)
49A02-1003-OV-230
Local ordinance violation. Reverses order denying Chaluvadi’s motion to set aside default judgment.

Michael
Yates v. State of Indiana (NFP)
34A02-0912-CR-1187
Criminal. Affirms convictions of and sentence for Class D felony possession of cocaine and Class A misdemeanor possession
of marijuana.

Eric
Skeens v. State of Indiana (NFP)
35A05-0909-CR-515
Criminal. Affirms convictions of four counts of child molesting as Class A felonies and one count as a Class C felony. Remands
for the trial court to issue an amended sentencing order and issue any other documents or CCS entries necessary to impose
a sentence of 90 years.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 25, 2010

7th Circuit Court of Appeals
United
States of America v. Jorge Quintero, a/k/a Samuel Munoz, and Claudia Andrade Martinez
09-2715, 09-2788
U.S. District Court, Northern District of Indiana, Hammond Division, Judges Rudy Lozano and James T. Moody.
Criminal. Dismisses Quintero’s appeal of his sentence after pleading guilty to charges related to a bank robbery and
unlawful entering on waiver grounds. Affirms Martinez’s conviction and sentence for bank robbery and unlawfully remaining
in the U.S. The jury instructions given at Martinez’s trial regarding aiding and abetting were correct statements of
the law.

7th Circuit affirms sentences for bank robbing couple

The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions,
finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.

Opinions Aug. 24, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Bryan
Berryman v. State of Indiana (NFP)
58A01-0911-CR-561
Criminal. Affirms convictions of Class D felony insurance fraud, Class B misdemeanor false reporting or informing, and Class
B misdemeanor failure to stop after an accident resulting in damage to property of another person other than a vehicle.

William
Adams, et al. v. William Smith, et al. (NFP)
18A04-1002-MI-65
Miscellaneous. Reverses dismissal of the Adamses’ complaint for fraud and fraudulent transfer against the Smiths and
Danny Slusher. Remands for further proceedings.  

B.W.
v. State of Indiana (NFP)
49A02-1001-JV-82
Juvenile. Affirms adjudication for forgery and theft if committed by an adult.

Joseph
Dearborn v. State of Indiana (NFP)
13A05-0910-CR-618
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance,
and Class A misdemeanor possession of paraphernalia.

Shane
Schmutte v. State of Indiana (NFP)
49A04-0912-CR-693
Criminal. Affirms revocation of probation.

Dennis
Ditchley v. State of Indiana (NFP)
49A02-0911-CR-1098
Criminal. Affirms convictions of Class A felony burglary, Class B felony robbery, and Class A misdemeanor carrying a handgun
without a license.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 24, 2010

Indiana Court of Appeals
Monty
Rader v. State of Indiana
49A02-0907-CR-691
Criminal. Affirms denial of motion to suppress. The IP address used to log in to the monty20064 account was, on the dates
in question, assigned to Rader’s home in Greencastle. Rejects Rader’s request that the court follow the precedent
of the New Jersey Supreme Court and ignore the holding of the Indiana Supreme Court with regard to the issuance of investigatory
subpoenas to third parties.

Court rules on first impression FLSA issue

In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.

COA upholds denial of motion to suppress

The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.

Hello World

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IL is seeking local bar association news

In an effort to include more news from specialty and county bars around the state, Indiana Lawyer has started a section in the print and online editions called Bar Crawl.

If you or your bar association would like to submit a news item or photo to Indiana Lawyer, such as a notice regarding an election of new officers, an event, pro bono efforts, awards your bar association has presented to its members, or anything else you’d like to share with Indiana’s legal community, please contact reporter Rebecca Berfanger, [email protected]. If you’d like to post an announcement that is time sensitive, please submit it at least two weeks in advance of the issue date.
 

Opinions Aug. 23, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Arthur
Balls v. State of Indiana (NFP)
49A02-1001-CR-12
Criminal. Affirms conviction of and sentence for Class C felony battery and finding Balls is a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted no transfers in the week ending Aug. 20.

Judge sues prosecutor for intimidation, retribution

A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated
the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.

Court OKs class certification in Conseco securities-fraud case

In a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established fraud-on-the-market doctrine.

Opinions Aug. 20, 2010 ILD

7th Circuit Court of Appeals
Franz
Schleicher, et al. v. Gary C. Wendt, et al.
09-2154
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Finds the District Court did not commit a legal error, or abuse its discretion, in deciding that the fraud-on-the-market
doctrine should not be conscripted to serve some other function in a lawsuit. In this case, the plaintiffs claim the defendants
made false statements about Conseco, which in turn affected their perceived value of the shares.

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Richard
M. Jackson Sr. d/b/a RMJ Investigations v. Benjamin Parks (NFP)
29A04-1003-SC-193
Civil. Dismisses Jackson’s appeal of the small claims court’s order that he be represented by counsel in his
efforts to enforce an assigned judgment. Finds his appeal is not properly before the Court of Appeals.

Term.
of Parent-Child Relationship of E.K.H.; K.E.N. and C.J.H., Jr. v. Indiana Dept. of Child Services (NFP)
20A03-0912-JV-603
Juvenile. Affirms termination of parental rights.

Term.
of Parent-Child Relationship of A.E. and S.W.; S.E. and A.E. v. IDCS (NFP)
17A03-0911-JV-558
Juvenile. Affirms termination of parental rights.

Kurt
Retrum, M.D., et al. v. Sarah Tinch (NFP)
48A02-1002-PL-97
Civil. Reverses and remands for entry of summary judgment in favor of the defendants Kurt Retrum, et al. because the statute
of limitations had expired.

Donald
Carew v. State of Indiana (NFP)
49A02-1001-CR-27
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor, following a bench trial.

Indiana Tax Court posted no opinions before IL deadline.
 

Opinions Aug. 20, 2010

7th Circuit Court of Appeals

Torrey
Bauer, David Certo, and Indiana Right to Life, Inc. v. Randall T. Shepard, et al.
09-2963
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District court’s ruling that the state’s judicial canons are constitutional regarding whether
judges can make public statements regarding controversial issues. The opinion recognizes a split among Circuits throughout
the country on the issue. Also finds that a portion of the challenge involving the pre-2009 conduct code is unripe, rather
than moot as the District court had found.