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Opinions May 6, 2011 ILD

7th Circuit Court of Appeals
United States of America v. Jermel C. Thomas
10-3566
U.S. District Court, Northern District of Indiana, South Bend Division,
Judge Robert L. Miller, Jr.
Criminal. Dismisses appeal, stating the District Court did not err in enforcing a plea agreement wherein Jermel Thomas had waived his right to appeal his sentence and conviction.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
John Witt, Hydrotech Corp. and Mark Shere v. Jay Petroleum, Inc. and Jack R. James
38A02-0912-CV-1290
Civil. Reverses trial court’s award of attorney fees to Jay Petroleum and Jack James, ruling the trial court erred when it determined the appellants were in contempt of court.  

R.L. Turner Corporation v. Town of Brownsburg
32A01-1008-PL-373
Civil plenary. Affirms trial court’s order awarding attorney fees to the Town of Brownsburg, ruling that R.L. Turner Corporation’s lawsuit was frivolous, unreasonable, and groundless.

Dwayne Eversley v. State of Indiana (NFP)
49A04-1008-CR-497
Criminal. Affirms convictions of invasion of privacy, as both a Class D felony and a Class A misdemeanor, and resisting law enforcement, as both a Class D felony and a Class A misdemeanor.

A.M. v. Review Board (NFP)
93A02-1008-EX-887
Civil. Affirms Indiana Department of Workforce Development Review Board’s denial of unemployment compensation benefits.

Steven Gray v. State of Indiana (NFP)
15A05-1010-CR-690
Criminal. Affirms 50-year sentence for Class A felony child molesting. Reverses convictions of Class B felonies rape and incest on double jeopardy grounds, and remands with instructions to vacate.

Tiffany L. Otten v. State of Indiana (NFP)
02A03-1009-CR-538
Criminal. Affirms conviction of Class B felony neglect of a dependant.

Willie J. Herman v. State of Indiana (NFP)
02A03-1010-CR-560
Criminal. Affirms conviction of Class D felony battery.

Jerry Kohlhouse v. Black's Excavation (NFP)
42A01-1010-SC-594
Small claim. Affirms trial court’s judgment for Black’s Excavation and its dismissal of Jerry Kohlhouse’s counter-claim.

A.F. & R.B. v. I.D.C.S. (NFP)
20A03-1010-JC-521
Juvenile CHINS. Affirms trial court’s adjudication of children as children in need of services.

Ronald Cox v. State of Indiana (NFP)
49A05-1009-CR-536
Criminal. Affirms convictions of two counts of Class C felony child molesting and one count Class D felony child solicitation.

Jermarcus L. Grandberry v. State of Indiana (NFP)
02A05-1010-CR-643
Criminal. Affirms conviction of and sentence for Class B felony burglary.

Jamie L. Vida v. State of Indiana (NFP)
20A03-1012-PL-664
Civil plenary. Reverses denial of verified petition for removal from the Indiana Sex Offender Registry. Remands with instructions to grant petition.

Tyler Sturdivant v. State of Indiana (NFP)
49A02-1008-CR-934
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor battery.

Marlon D. Taylor v. State of Indiana (NFP)
49A05-1010-CR-597
Criminal. Affirms trial court’s finding that Taylor violated his community corrections placement and probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Opinions May 6, 2011

7th Circuit Court of Appeals
United States of America v. Jermel C. Thomas
10-3566
U.S. District Court, Northern District of Indiana, South Bend Division,
Judge Robert L. Miller, Jr.
Criminal. Dismisses appeal, stating the District Court did not err in enforcing a plea agreement wherein Jermel Thomas had waived his right to appeal his sentence and conviction.

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Comment period open for proposed probate rules

The final proposed Marion County Probate Rules and Probate Forms, which have been approved by the Marion Superior Court Executive Committee and the General Term of Marion Superior Court, are now available for review and comment.

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Opinions May 5, 2011 ILD

7th Circuit Court of Appeals
United States of America v. John L. Norris
10-1612
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of motion to suppress evidence. The police officers were acting pursuant to a valid warrant and in a reasonable manner.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Lenn Ivy v. State of Indiana
49A04-1010-CR-662
Criminal. Affirms denial of motion to modify sentence. Ivy may not seek a modification of his sentence under the terms of his plea agreement.

Michael Dewayne Lloyd v. State of Indiana (NFP)
48A02-1011-CR-1390
Criminal. Affirms imposition of previously suspended sentence as a result of work release violations.

Marc A. Bernero v. State of Indiana, et al. (NFP)
49A02-1009-PL-1082
Civil plenary. Affirms summary judgment for the Indiana Secretary of State’s Office and the Indiana Bureau of Motor Vehicles on Bernero’s complaint for declaratory judgment seeking enforcement of the State Employee Appeals Commission’s order rescinding his termination.

Willie Dumes v. State of Indiana (NFP)
49A02-1008-CR-910
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was forfeited for life and revocation of probation.

L.H. v. D.H. (NFP)
15A04-1009-DR-552
Domestic relation. Affirms trial court did not abuse its discretion when it imputed minimum wage income to both mother and father. Reverses trial court’s retroactively modifying father’s child support obligation to a date prior to the filing of his petition to modify child support. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Opinions May 5, 2011

7th Circuit Court of Appeals
United States of America v. John L. Norris
10-1612
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of motion to suppress evidence. The police officers were acting pursuant to a valid warrant and in a reasonable manner.

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Chief Justice given Circle of Hope Award

Indiana Supreme Court Chief Justice Randall T. Shepard received the Richard M. Fairbanks Circle of Hope Award Wednesday in Indianapolis. He received the award at the 10th annual Fairbanks Circle of Hope Dinner.

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Beech Grove City judge publicly admonished

The Indiana Commission on Judicial Qualifications has publicly admonished Beech Grove City Court Judge Charles W. Hunter for comments he made last year to an Indianapolis television reporter.

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Landlord sent itemized letter on time

The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.

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Opinions May 4, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jack M. Estes, II v. State of Indiana (NFP)
49A05-1009-CR-657
Criminal. Affirms sentence following revocation of probation.

Thomas James Newsom v. State of Indiana (NFP)
71A03-1008-CR-473
Criminal. Affirms conviction of and sentence for Class A felony conspiracy to commit murder.

Thomas D. Eckel v. State of Indiana (NFP)
30A01-1010-CR-522
Criminal. Affirms convictions of Class D felony operating a vehicle while intoxicated in a manner endangering a person while having a prior conviction within the past five years, and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance or its metabolite in the body.

Michael Bracken v. State of Indiana (NFP)
23A05-1010-CR-667
Criminal. Affirms conviction of Class B felony methamphetamine manufacture and finding that Bracken is a habitual substance offender.

Cassandra Gardner v. State of Indiana (NFP)
49A02-1010-CR-1132
Criminal. Affirms conviction of Class A misdemeanor conversion.

A.B. v. Review Board (NFP)
93A02-1009-EX-988
Civil. Affirms denial of request for unemployment benefits.

Peggy Bracken v. Marine Corp. League Joseph Bray Det. Inc. (NFP)
84A05-1009-CT-593
Civil tort. Affirms grant of summary judgment for Marine Corp. League Joseph A. Bray Detachment Inc. with respect to Bracken’s slip and fall at the premises known as Northside Bingo.

Gary C. Williams v. State of Indiana (NFP)
57A05-1007-CR-416
Criminal. Affirms conviction of Class A felony possession with intent to deliver methamphetamine within 1,000 feet of a family housing complex.

Indiana Tax Court had posted no opinions at IL deadline.

 

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Opinions May 4, 2011

Indiana Court of Appeals
Robert Eppl v. Christine DiGiacomo
45A03-1007-SC-402
Small claim. Reverses summary judgment for DiGiacomo and order that Eppl return DiGiacomo’s security deposit and pay her attorney fees. DiGiacomo’s mere delivery of the keys is not sufficient to demonstrate that Eppl actually accepted surrender of the premises and thereby released her from liability as of that date. Eppl’s itemization of damages letter was timely.

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7th Circuit addresses sex offender registration law

The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.

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Judges split on District Court’s use of Colorado River abstention doctrine

The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.

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Opinions May 3, 2011

7th Circuit Court of Appeals
United States of America v. Donald Leach
10-1786
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms denial of Leach’s motion to dismiss his indictment for knowingly failing to register as a sex offender after traveling in interstate commerce in violation of the Sex Offender Registration and Notification Act. There is no ex post facto violation of the United States Constitution.

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