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Opinions April 22, 2011

7th Circuit Court of Appeals
United States of America v. Garjon Collins
10-2576
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Criminal. Affirms 108-month sentence following guilty plea to 11 counts of misusing a Social Security number and 11 counts of aggravated identity theft. The District Court properly considered the Section 3553(a) sentencing factors and imposed an appropriate, reasonable sentence in this case.

Lawsuit to take bar exam goes to 7th Circuit

The man who believes he should be able to sit for the bar exam even though he didn’t go to law school has asked the 7th Circuit Court of Appeals to reconsider the dismissal of his lawsuit.

Justices find email is constitutionally protected speech

A trial court erred in granting summary judgment to a fire chief and township in a firefighter’s suit following his termination by the chief for sending a personal, political email that the chief believed contained false statements of fact. The firefighter’s email was actually constitutionally protected speech, the Indiana Supreme Court held Thursday.

Opinions April 21, 2011 ILD

Indiana Court of Appeals
Michael L. Alexander v. State of Indiana
71A04-1006-CR-372
Criminal. Affirms conviction of Class B felony operating a motor vehicle after a lifetime suspension of driving privileges. Police inspection of BMV records doesn’t implicate the Fourth Amendment, so the police stop of Alexander based on the information in his driver’s record was permissible.

Charles R. Bilyeu v. Frani Bilyeu (NFP)
06A05-1006-DR-356
Domestic relation. Reverses order that Charles Bilyeu pay the attorney fees of his wife upon the dissolution of their marriage. Remands with instructions.

Scott F. Carbary v. Shawn Miller d/b/a SignificantCars.com (NFP)
49A02-1005-PL-582
Civil plenary. Affirms summary judgment in favor of Shawn Miller on Miller’s suit to collect a commission. Awards Miller appellate attorney fees and remands for determination of the appellate attorneys fee award.

A.C., et al., Alleged to be C.H.I.N.S.; D.B. v. I.D.C.S. (NFP)
49A05-1002-JC-154
Juvenile. Grants rehearing to clarify why In Re M.R. is distinguishable, directs the juvenile court to amend the participation degree, and affirms original opinion in all other respects.

Stephen C. Wood v. State of Indiana (NFP)
28A01-1009-CR-515
Criminal. Affirms conviction of and sentence for Class B felony conspiracy to commit dealing in methamphetamine.

S.T.S. v. State of Indiana (NFP)
47A05-1009-JV-558
Juvenile. Affirms finding S.T.S. is a juvenile delinquent for committing what would be Class C felony burglary if committed by an adult.

Travis S. Chandler v. State of Indiana (NFP)
28A04-1009-CR-574
Criminal. Affirms convictions of two counts of Class D felony battery on a law enforcement officer resulting in bodily injury and one count of Class A misdemeanor resisting law enforcement.

Eric A. Simmons v. State of Indiana (NFP)
65A01-1008-CR-389
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions April 21, 2011

Indiana Supreme Court
Tom George, et al. v. National Collegiate Athletic Association
94S00-1010-CQ-544
Certified question. The NCAA’s ticket-allocation process for championship sporting events – only refunding the face value and not a handling fee to unsuccessful applicants – is not an illegal lottery under Indiana law because no prize was awarded to those applicants who received the opportunity to purchase tickets. Where an event coordinator creates the primary market for event tickets, the fair-market value of the tickets is equal to their face value and there is no “prize.” 

NCAA championship ticket distribution not a lottery

The National Collegiate Athletic Association’s ticket-distribution plan for championship games doesn’t constitute a “lottery” under Indiana law, the Indiana Supreme Court decided Thursday. The issue was before the justices as certified questions from the 7th Circuit Court of Appeals.

Opinions April 20, 2011 ILD

Indiana Supreme Court had posted no opinions IL deadline.

Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Grants rehearing to clarify comments made regarding the creation and preservation of evidentiary records in post-conviction relief proceedings and affirms original opinion in all respects.

The Adoption of R.S.T.; J.T. v. G.N. (NFP)
71A03-1008-AD-475
Adoption. Affirms order granting stepfather G.N.’s petition for adoption of R.S.T.

Edward P. Barsh v. State of Indiana (NFP)
48A02-1009-CR-1047
Criminal. Affirms revocation of home detention.

LaTrice L. King v. State of Indiana (NFP)
71A05-1007-CR-560
Criminal. Affirms conviction of and sentence for Class B felony criminal confinement.

James Lee-Vaughn White, II v. State of Indiana (NFP)
71A04-1009-CR-586
Criminal. Affirms conviction of Class D felony theft.

Loren Sallee v. State of Indiana (NFP)
31A01-1008-CR-399
Criminal. Affirms convictions of Class A misdemeanor domestic battery, Class D felony domestic battery, and Class A misdemeanor interference with reporting of a crime.

Luis Briones v. State of Indiana (NFP)
71A03-1009-CR-450
Criminal. Affirms convictions of murder, Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.

L.R. v. Review Board (NFP)
93A02-1009-EX-1010
Civil. Affirms decision of the review board concluding that L.R. is disqualified from receiving unemployment insurance benefits because he was discharged for just cause.

Jason Morales v. State of Indiana (NFP)
82A04-1005-CR-311
Criminal. Affirms three convictions of Class B felony sexual misconduct with a minor.

Andrew S. Dugger v. State of Indiana (NFP)
48A05-1008-CR-562
Criminal. Affirms convictions of and sentence for Class B felony possession of a dangerous device or material by a prisoner and Class C felony battery.

Napoleon Camarillo v. State of Indiana (NFP)
46A03-1009-CR-553
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Carl Brown v. State of Indiana (NFP)
49A04-1007-CR-448
Criminal. Affirms convictions of Class B felony robbery, Class C felony intimidation, and Class B felony possession of a firearm by a serious violent felon.

Woody E. Sinclair v. State of Indiana (NFP)
02A03-1008-CR-443
Criminal. Affirms conviction of and sentence for Class C felony burglary.

Stroh Landmark, LP, et al. v. Willis Hecht (NFP)
17A03-1011-PL-631
Civil plenary. Reverses denial of Indiana Trial Rule 60(B) motion to set aside default judgment on a real estate transaction issue. Remands for further proceedings.

Term. of Parent-Child Rel. of C.S., et al; K.L. v. I.D.C.S. (NFP)
57A03-1009-JT-464
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions April 20, 2011

Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Grants rehearing to clarify comments made regarding the creation and preservation of evidentiary records in post-conviction relief proceedings and affirms original opinion in all respects.

Justices dismiss appeal

The Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties have reached a mediated settlement.

Open house Thursday for court agency office

The Domestic Relations Counseling Bureau is holding an open house Thursday for its new offices in the City-County Building in downtown Indianapolis. The 40-year-old court agency provides recommendations to the court for custody and visitation.

Opinions April 19, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael K. Wethington v. State of Indiana (NFP)
32A01-1009-CR-481
Criminal. Affirms conviction of operating a motor vehicle while an habitual traffic violator.

Paul Justice v. State of Indiana (NFP)
09A02-1009-CR-989
Criminal. Affirms sentence for Class C felony operating a motor vehicle after forfeiture of license for life.

M.R. v. State of Indiana (NFP)
89A01-1011-JV-587
Juvenile. Affirms trial court’s decision to award wardship of M.R. to Indiana Department of Correction.  

Involuntary Commitment of T.S. (NFP)
49A02-1009-MH-990
Mental health. Affirms commitment order.

Cheynne Javon Williams v. State of Indiana (NFP)
02A05-1010-CR-625
Criminal. Affirms conviction of six counts of Class C felony battery.

Indiana Tax Court had posted no opinions at IL deadline.

Hamilton County judge pleads guilty to reckless driving

Longtime Hamilton Superior Judge William J. Hughes pleaded guilty Monday in a North Carolina court, avoiding a drunken driving conviction for a lesser count of reckless driving that means a year of unsupervised probation.