Opinions July 28, 2010

7th Circuit Court of Appeals
United
States of America v. Jamarkus Gorman
09-3010
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of perjury after testifying falsely before a grand jury. There is ample evidence to support
the finding Gorman perjured himself with regard to the possession of a Bentley. The evidence was properly admitted, albeit
as direct evidence rather than inextricable intertwinement evidence, and its probative value was not substantially outweighed
by any risk of unfair prejudice.  

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Adoption
of H.L.W. Jr.; H.L.W. Sr. and IDCS v. L.M.D. and D.P.D.
71A03-0911-CV-516
Civil. Reverses grant of an adoption petition filed by L.M.D. and D.P.D. regarding H.L.W. Jr. The consent statutes of Indiana
Code Chapter 31-19-9 enabled the trial court to consider the adoption proceeding despite the pending CHINS action. DCS met
its burden of demonstrating by clear and convincing evidence that its withholding of consent to the adoption was in the child’s
best interests.

Nelson
Rios v. State of Indiana
49A02-0912-CR-1273
Criminal. Reverses order that Rios serve consecutive sentences for convictions of two counts of dealing in a lookalike substance
as Class C felonies. The imposition of consecutive sentences based on incidents that were virtually identical and very close
in time contravenes rulings in Beno and Gregory. Remands for a new sentencing determination.

Putnam
County Sheriff v. Pamela Rice
60A01-0911-CV-551
Civil. Affirms order denying the sheriff’s motion to dismiss filed in the civil action brought by Price for damages
resulting from a car accident. The sheriff, through its agent Deputy Wallace, owed a common law duty of ordinary and reasonable
care to warn the traveling public of the known hazardous condition on the icy road.

Paul
Komyatti, Jr. v. State of Indiana
52A04-1002-MI-74
Miscellaneous. Affirms denial of petition for post-conviction relief that challenged the revocation of Komyatti’s parole.
There are no genuine questions of fact with respect to Komyatti’s PCR petition and the state was entitled to judgment
as a matter of law.

James
Townsend v. State of Indiana (NFP)
49A04-0912-CR-703
Criminal. Affirms conviction of and sentence for murder.

Gerardo
Bensez v. State of Indiana (NFP)
03A01-0912-CR-611
Criminal. Dismisses appeal of conviction following guilty plea to Class B felony dealing in cocaine.

Marlinda
Nunley v. State of Indiana (NFP)
48A02-0912-CR-1177
Criminal. Affirms finding Nunley violated the terms of her probation and that she serve two years of her previously suspended
sentence in the Department of Correction.

Thomas
Eugene Ferrell v. State of Indiana (NFP)
46A03-0910-CR-471
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

In
The Guardianship of John Joseph Bortka, II (NFP)
88A01-0907-CV-343
Civil. Affirms order that John Jerald Bortka, former guardian of John Joseph Bortka and his estate, reimburse the guardianship
estate in the amount of $12,034 and award of attorney fees to Paula Bortka Wells. Remands with instructions to calculate the
amount of appellate costs Paula is entitled to from John Jerald Bortka.

Jeremy
Culp v. State of Indiana (NFP)
49A02-1001-CR-11
Criminal. Affirms conviction of Class D felony theft.

Bruce
Hatfield, et al. v. Area Plan Commission of Evansville (NFP)
82A01-0910-CV-502
Civil. Reverses trial court’s decision limiting Hatfield and others’ damages for an alleged taking.

Term.
of Parent-Child Rel. of T.H.C.; T.C. & C.P. v. I.D.C.S. (NFP)
71A04-1001-JT-104
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.