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Terre Haute attorney dies

A Terre Haute attorney and former member of the Indiana House of Representatives died Monday.

Opinions July 20, 2010 ILD

7th Circuit Court of Appeals

United
States of America v. John Doe a/k/a Adaberto Guzman a/k/a Juaquin Tapia, Andres Cuellar-Chavez, and Enedeo Rodriguez Jr.

U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann
09-1658, 09-1756, 09-2242
Criminal. Affirms convictions of and sentences for conspiracy to possess with intent to distribute more than 100 kilograms
of marijuana following a jury trial. Appellants were conspirators in a drug distribution ring whose scheme was infiltrated
by an undercover officer. During sentencing hearings, the district court overruled each defendant’s sentencing objections
and imposed a sentence on each defendant.

Indiana Supreme Court had posted no opinions before IL deadline.

Indiana Court of Appeals
Steven
M. Rosenbaum v. State of Indiana
29A02-0911-CV-1097
Civil. Affirms trial court’s ruling Rosenbaum committed a Class A infraction even though he claimed he did not know
the insurance had lapsed on the borrowed vehicle he was driving. According to Indiana Code section 9-25-4-4, a person who
knowingly operates a motor vehicle on a public highway, et al., commits a Class A infraction unless financial responsibility
is in effect with respect to the motor vehicle.

Michael
J. Shepherd v. State of Indiana (NFP)
70A01-0911-CR-529
Criminal. Affirms trial court’s order resentencing Shepherd after he successfully pursued post-conviction relief.

 
Kayla
Johnson v. Timothy J. Reinhardt (NFP)
92A03-0912-CV-586
Civil. Affirms trial court order for Johnson to pay a portion of Reinhardt’s attorney fees.
 
Daniel
Brewington v. Melissa Brewington (NFP)
69A05-0909-CV-542
Civil. Affirms trial court’s judgment and final order on marriage dissolution decree, division of the marital estate,
and award of sole custody of the parties’ two minor children to mother.
 
S.T.P.
v. State of Indiana (NFP)
71A04-0912-JV-729
Juvenile. Affirms juvenile court’s reinstatement of jurisdiction over S.T.P. for the purpose of establishing restitution
after adjudicating him as a delinquent child and entering a dispositional order awarding him to the Department of Correction.

Andrew
Hirsty v. Kathy Hirsty (NFP)
02A03-1002-DR-55
Civil. Affirms trial court’s determination of the child support to be paid by Andrew Hirsty’s ex-wife Kathy Hirsty.

 
Termination
of Parent-Child Relationship of K.S; B.S. v. Indiana Dept. of Child Services (NFP)
82A01-1002-JT-76
Juvenile. Affirms termination of parental rights.

Zachary
McCloud v. State of Indiana (NFP)
82A05-0911-CR-656
Criminal. Affirms convictions of and eight-year sentence for battery, a Class C felony, and resisting law enforcement, a
Class A misdemeanor.
 
Kevin
Early v. State of Indiana (NFP)
49A04-0912-CR-701
Criminal. Affirms conviction of resisting law enforcement, a Class A misdemeanor.
 
Christopher
W. Turner v. State of Indiana (NFP)
29A02-0905-CR-479
Criminal. Affirms sentence of eight years for five counts of operating a vehicle while intoxicated following a guilty plea.

 
William
Michael Lacy v. State of Indiana (NFP)
32A01-1002-CR-48
Criminal. Affirms conviction of strangulation; remands with instructions to vacate convictions of criminal confinement and
battery.
 
Termination
of Parent-Child Relationship of D.W. and T.W.; N.W. v. Indiana Dept. of Child Services, et al. (NFP)
49A02-0912-JV-1280
Juvenile. Affirms termination of parental rights.
 
Termination
of Parent-Child Relationship of J.C.; M.C. v. Marion County Dept. of Child Services, et al. (NFP)
49A04-0912-JV-728
Juvenile. Reverses the involuntary termination of M.C.’s parental rights to her child, J.C., and remands with instructions.

Indiana Tax Court

Dekalb
Co. Eastern Community School District v. Dept. of Local Government Finance
49T10-0906-TA-31
Tax. Reverses final determination of the Department of Local Government Finance. Given the actual language used in Indiana
Code Section 6-1.1-18-12, the phrase “actual percentage increase” means increase only. If there is no increase,
however, a zero value should be used in steps 2 and 4 of Indiana Code Section 6-1.1-18-12(e). Remands for further proceedings.

Opinions July 20, 2010

7th Circuit Court of Appeals
Brenda
Chaney v. Plainfield Healthcare Center
09-3661
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the District Court’s order of summary judgment in favor of Plainfield Healthcare Center. Finds that
Plainfield’s racial preference policy for patients violates Title VII of the 1964 Civil Rights Act. That policy, along
with other incidents that occurred before Plainfield fired Chaney, contributed to a hostile work environment, and should be
considered in determining whether Chaney was fired because of her race.

State, federal double-jeopardy challenge fails

A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.

Attorneys to debate constitutionality of health-care reform

The Indiana Continuing Legal Education Forum will hold a CLE on health-care reform which will include a debate between Indiana
Solicitor General Thomas M. Fisher and Indiana University School of Law –Indianapolis professor David Orentlicher.

IBA Frontlines

IBA Frontlines for July 21- Aug.3, 2010

Hickey: Common Goal

“Common,” as in shared by two or more people or as in done often or not rare. Common can also mean belonging to or affecting the whole of a community as in common land. These definitions capture the spirit of the members of our Bar; I witnessed this first-hand recently through an initiative called Common Goal.

IBA: Nod to Professionalism

For serving as a role model of civility in litigation for countless attorneys in the Indianapolis area.

DTCI: Kudos

Patricia Polis McCrory was chosen the president-elect to the Kiwanis Club of Indianapolis.