Opinions – May 26, 2010

7th Circuit Court of Appeals
Tracey Wallace
and Eric Wallace v. Jonathan S. McGlothan
07-4059
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms jury verdict in favor of and damages in the amount of $700,000 to the Wallaces following their diversity suit
against Dr. McGlothan. The Wallaces sued Dr. McGlothan for medical malpractice following surgery he performed on Tracey Wallace
to correct her vision problems. The procedure ended up causing more harm than good.

Indiana Supreme Court had posted no opinions before IL deadline.

Indiana Court of Appeals
Donald T. Shell v. State
of Indiana
48A02-0904-CR-325
Criminal. Affirms Shell’s convictions of Class B felony possession of a firearm by a serious violent felon, Class D
felony possession of marijuana, Class D felony maintaining a common nuisance, and two counts of Class D felony possession
of a controlled substance. Also affirms sentenced of an aggregate term of 18 years.

Julie Smitson v. State of
Indiana (NFP)
48A05-0911-CR-660
Criminal. Affirms revocation of Smitson’s probation.

Ricky L. Rust v. State of
Indiana (NFP)
80A04-0907-CR-428
Criminal. Affirms Rust’s convictions of and sentences for Class D felony criminal recklessness, Class C felony battery,
and Class B felony criminal confinement.

Lawrence Echols v. State
of Indiana (NFP)
49A02-0908-CR-752
Criminal. Affirms Echols’ convictions of and sentences for Class D felony intimidation, and Class A misdemeanor domestic
battery.

Janyer Pinto v. State of
Indiana (NFP)
03A01-0908-CR-427
Criminal. Affirms Pinto’s convictions of and sentences for Class D felony operating a vehicle while intoxicated and
Class D felony resisting law enforcement.

Salvador A. Perez v. State
of Indiana (NFP)
20A03-1001-CR-35
Criminal. Affirms Perez’ conviction of and sentence for failure to register as a sex offender, a Class D felony.

John Pemberton v. State
of Indiana (NFP)
49A02-0910-CR-1054
Criminal. Affirms Pemberton’s conviction of child molesting, a Class A felony.

Edgar Mendizabal v. State
of Indiana (NFP)
49A02-0909-PC-899
Post-conviction. Affirms denial of Mendizabal’s petition for post-conviction relief.

Russell Ralston v. State
of Indiana (NFP)
49A02-0909-CR-929
Criminal. Affirms Ralston’s conviction of Class B felony aggravated battery. Reverses trial court’s order for
Ralston to pay the public defender fee without determining his ability to pay and remands.

Marcos Espinosa v. State
of Indiana (NFP)
30A01-1002-CR-67
Criminal. Affirms Espinosa’s conviction of and sentence for Class B felony sexual misconduct with a minor following
his guilty plea.

Erick George Black v. Marcy
Ann Black (NFP)
37A04-0909-CV-552
Civil. Reverses and remand’s trial court’s order that reduced father Erick George Black’s child support
obligation, but did not modify the tax exemptions for the dependent children. Father argued he should owe no child support
because he is the custodial parent, and that he should receive the tax exemptions for both children.

Anthony E. Griffin Sr. v.
State of Indiana (NFP)
02A03-0912-CR-575
Criminal. Affirms Griffin’s conviction of rape, a Class B felony.

Adoption of T.L.J.; R.O.
v. C.J. (NFP)
71A05-0912-CV-691
Civil. Affirms trial court’s grant of a petition to adopt T.L.J. filed by C.J. (stepmother). R.O. (mother) had appealed.

Matter of L.W. v. State
of Indiana (NFP)
49A02-0911-JV-1119
Juvenile. Affirms L.W.’s adjudication as a delinquent child for committing resisting law enforcement, which would be
a Class A misdemeanor if committed by an adult.

State of Indiana v. Patrick
J. Davis (NFP)
02A05-1001-CR-7
Criminal. Reverses and remands trial court’s order dismissing the state’s petition to revoke Davis’ probation.
Finds it need not be established that the defendant was explicitly advised that he is prohibited from committing new offenses
while on probation.

Indiana Tax Court had posted no opinions before IL deadline.