Articles

Opinions Aug. 30, 2010

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, Judge 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.

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Judges rule man’s right to speedy trial was violated

The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.

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Opinions Aug. 27, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian
S. Adcock v. State of Indiana

47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct
with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor
to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual
offender notice.

Michael
Butler v. State of Indiana

49A02-0904-CV-343
Civil. Reverses denial of Butler’s pro se motions to set aside default judgment against him for operating a truck in
a restricted lane on a highway consisting of at least three lanes, and for speeding, both as civil infractions. Butler engaged
in no “foot dragging” or other behavior seeking to delay the process and attempted to immediately address the
effects of his absence from the March 16 hearing. Procedural issues also interfered with his ability to obtain a hearing.
Remands with instructions to set a new trial date.

B.F.
v. Review Board, and Whirlpool Corp. (NFP)

93A02-1004-EX-379
Civil. Affirms denial of unemployment insurance benefits.

Katina
Starks v. State of Indiana (NFP)

02A05-1001-CR-27
Criminal. Affirms conviction of Class D felony theft.

Shawn
Davis b/n/f Misty Davis v. Animal Control-City of Evansville, Evansville Housing Authority, et al. (NFP)

82A01-0911-CV-527
Civil. Reverses summary judgment for the city defendants in Davis’ action following injuries he received from a dog
bite. Remands for further proceedings.

Ronald
C. Hedges v. Weyerbacher Farms (NFP)

87A05-1003-PL-275
Civil plenary. Affirms summary judgment for Weyerbacher Farms in Hedges’ lawsuit for breach of pasture lease, and declaratory
judgment abating rent payments and extending the term of the lease.

Term.
of Parent-Child Rel. of M.B., et al.; M.R. v. Marion County DCS and Child Advocates (NFP)

49A02-1002-JT-109
Juvenile. Affirms involuntary termination of parental rights.

Steve
Ballard v. State of Indiana (NFP)

49A02-1001-CR-63
Criminal. Affirms two convictions of murder and 110-year sentence.

Danitra
White v. State of Indiana (NFP)

49A02-0911-CR-1150
Criminal. Affirms convictions of Class D felonies domestic battery and two counts of battery.

Dustin
J. Baumbarger v. State of Indiana (NFP)

02A04-0912-CR-675
Criminal. Affirms conviction of Class D felony theft.

Thomas
A. Hopkins v. State of Indiana (NFP)

48A05-1002-CR-125
Criminal. Affirms revocation of placement in in-home detention and execution of part of Hopkins’ previously suspended
sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Opinions Aug. 27, 2010

Indiana Court of Appeals
Brian
S. Adcock v. State of Indiana

47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct
with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor
to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual
offender notice.

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Civics program cuts staff

The staff of the civics education program of the Indiana Bar Foundation will be restructured due to decreases in IOLTA funding
available for next year, the IBF announced today.

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Frisby-MaryJane-mug

Attorney killed by husband

The man who committed suicide atop a parking garage in downtown Indianapolis Thursday afternoon behind Barnes & Thornburg
earlier had killed his attorney wife in their Brownsburg home, police said.

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Opinions Aug. 26, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Dean V. Kruse Foundation, Inc., et al. v. Jerry W. Gates
59A01-1001-CT-125
Civil tort. Reverses summary judgment for Gates on the breach-of-contract claims and the denial of the Kruse parties’ cross-motion for summary judgment on Gates’ fraud and conversion claims. Gates failed to complete the sale within a reasonable time due to no fault of the seller so his earnest money deposit is forfeited. Remands for further proceedings to determine the damage award in favor of the Kruse parties and grant summary judgment in favor of them on the issues of breach of contract, fraud, and conversion.

Tony O. Girdler v. State of Indiana
73A01-1001-CR-14
Criminal. Affirms conviction of Class D felony auto theft. The state proved all the elements of auto theft against Girdler, even though he was not the original thief of the van.

Anthony E. Frink v. State of Indiana (NFP)
79A04-1002-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.

Antonio Moore v. State of Indiana (NFP)
48A05-1002-CR-132
Criminal. Affirms revocation of probation ordered following Moore’s guilty plea to Class B felony dealing in cocaine.

Pierre E. Taylor v. State of Indiana (NFP)
45A05-0912-CR-730
Criminal. Affirms convictions of and 175-year aggregate sentence for murder and four counts of Class A felony attempted murder.

Jeremy James Barden v. State of Indiana (NFP)
57A03-1002-CR-64
Criminal. Affirms conviction of Class C misdemeanor leaving the scene of an accident but remands for correction of sentence.

Michael Pugh v. State of Indiana (NFP)
52A05-1002-CR-90
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.

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Opinions Aug. 26, 2010

7th Circuit Court of Appeals
John
M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison

09-2924
U.S. District Court, Northern District of Indiana, Judge Theresa L. Springmann.
Civil. Stephenson failed to carry his burden of proving prejudice, even on the premise that his counsel should have objected
to the stun belt. The question of prejudice from Stephenson being required to wear the stun belt at the penalty hearing will
require further consideration of the District Court on remand.

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7th Circuit reverses lower court on stun-belt issue

The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective
assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in
court.

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Opinions Aug. 25, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Fernando
B. Eguia Sr. v. State of Indiana (NFP)

01A02-1001-CR-157
Criminal. Affirms conviction of Class B misdemeanor disorderly content.

M.H.
v. J.H. (NFP)

30A01-1003-DR-99
Domestic relation. Affirms trial court’s calculation of income, treatment of tax exemptions, and failure to find contempt.
Reverses court’s assessment of child support and remands for the trial court to recalculate the cost of child support.

Uma
Chaluvadi v. City of Indianapolis (NFP)

49A02-1003-OV-230
Local ordinance violation. Reverses order denying Chaluvadi’s motion to set aside default judgment.

Michael
Yates v. State of Indiana (NFP)

34A02-0912-CR-1187
Criminal. Affirms convictions of and sentence for Class D felony possession of cocaine and Class A misdemeanor possession
of marijuana.

Eric
Skeens v. State of Indiana (NFP)

35A05-0909-CR-515
Criminal. Affirms convictions of four counts of child molesting as Class A felonies and one count as a Class C felony. Remands
for the trial court to issue an amended sentencing order and issue any other documents or CCS entries necessary to impose
a sentence of 90 years.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Opinions Aug. 25, 2010

7th Circuit Court of Appeals
United
States of America v. Jorge Quintero, a/k/a Samuel Munoz, and Claudia Andrade Martinez

09-2715, 09-2788
U.S. District Court, Northern District of Indiana, Hammond Division, Judges Rudy Lozano and James T. Moody.
Criminal. Dismisses Quintero’s appeal of his sentence after pleading guilty to charges related to a bank robbery and
unlawful entering on waiver grounds. Affirms Martinez’s conviction and sentence for bank robbery and unlawfully remaining
in the U.S. The jury instructions given at Martinez’s trial regarding aiding and abetting were correct statements of
the law.

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7th Circuit affirms sentences for bank robbing couple

The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions,
finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.

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