Opinions Aug. 30, 2010 ILD
The following opinion was posted after IL deadline Friday.
Indiana Supreme Court
In
the Matter of: Anonymous
18S00-0902-DI-73
Discipline. Privately reprimands attorney for engaging in misconduct by improperly revealing information relating to the
representation of a former client, a violation of Professional Conduct Rule 1.9(c)(2).
Today’s opinions
7th Circuit Court of Appeals
United
States of America v. Jennifer K. Howard
09-3840
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Jude Theresa L. Springmann.
Criminal. Affirms convictions of wire fraud and mail fraud. Holds that even if an indictment names particular victims, the
government need not prove intent to harm those named victims. The government proved that Howard intended to defraud the scheme’s
victims, and such intent was established by examining the circumstances of the scheme, not by who was specifically named in
the indictment.
Timothy
L. Runyon v. Applied Extrusion Technologies Inc.
09-3015
U.S. District Court, Southern District Court of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms judgment as a matter of law in Applied Extrusion’s favor in Runyon’s action under the Age Discrimination
in Employment Act. There’s no evidence the company’s decision to fire Runyon was motivated by his age.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Terry
Gene Lay v. State of Indiana
10A01-1001-CR-17
Criminal. Affirms convictions of neglect of a dependent resulting in serious bodily injury as a Class B felony, neglect of
a dependent resulting in death as a Class A felony, reckless homicide as a Class C felony. Lay waived the issue of marital
privilege because he didn’t object during his wife’s testimony at trial concerning violation of the marital privilege.
Evidence supports his wife voluntarily waived the privilege. There is also no violation of the prohibition against double
jeopardy in the case.
Alphonzo
Fisher v. State of Indiana
10A01-1001-CR-21
Criminal. Reverses denial of motion to discharge. The state has an affirmative duty to pursue prosecution of Fisher and the
duty derives from a defendant’s right to a speedy trial. The balance of the Barker factors under the facts of the case
show Fisher’s constitutional right to a speedy trial was violated. Remands with instructions to dismiss the underlying
action against Fisher.
James
B. Perigo v. State of Indiana (NFP)
87A04-0911-PC-636
Post conviction. Affirms denial of petition for post-conviction relief.
Lake
Hellene, Inc., v. The Charter Oak Fire Insurance Company, et al. (NFP)
49A04-0910-CV-557
Civil. Reverses partial summary judgment foreclosing the litigation of the “common enemy” defense for claims
against Lake Hellene. Affirms refusal to grant partial summary judgment to Lake Hellene as to the applicability of a municipal
drainage ordinance. Remands for further proceedings.
Dan
Fry, et al. v. Wilma Sutherlin Hadley (NFP)
67A01-1002-PL-35
Civil plenary. Affirms order in favor of Hadley in her action for ejectment and against the Frys on their counterclaims for
breach of contract, promissory estoppel, slander, and interference with a contractual relationship.
Ernest
Lansford, III v. Allstate Insurance Company, et al. (NFP)
71A03-1003-PL-142
Civil plenary. Affirms judgment for Allstate in a negligence action for property damages resulting from a vehicle collision.
Term.
of Parent-Child Rel. of J.A.; H.P. v. I.D.C.S. (NFP)
45A03-1001-JT-80
Juvenile. Affirms involuntary termination of parental rights.
Carl
Lee Gary v. State of Indiana (NFP)
20A03-1004-CR-176
Criminal. Affirms sentence following guilty plea to three counts of forgery as Class C felonies, dealing in a sawed-off shotgun
as a Class D felony, and domestic battery as a Class A misdemeanor.
Richard
L. Cripe v. State of Indiana (NFP)
20A05-1002-CR-159
Criminal. Affirms denial of petition for permission to file a belated appeal.
Reymond
Barnett v. State of Indiana (NFP)
49A05-0912-CR-738
Criminal. Affirms convictions of and sentence for Class B felonies robbery and criminal confinement.
Indiana Tax Court had posted no opinions at IL deadline.