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Opinions Aug. 11, 2010

7th Circuit Court of Appeals
United States of America v. Eddie Lamar Carlisle
10-1173

U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms denial of motion to suppress. Carlisle didn’t have a privacy interest in the bag he was carrying, which contained drugs and paraphernalia, when police came to the house during a drug sweep. The officers had reasonable suspicion to believe that criminal activity was occurring and that Carlisle was armed and dangerous, thereby making the initial stop proper.

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COA affirms doctrine of transferred intent applies

The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated
for committing battery for hitting his teacher unintentionally when trying to punch another student.

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Opinions Aug. 10, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
City
of Indianapolis v. Cynthia Hicks on behalf of and as next friend of Jada Richards, a minor
49A02-1002-CT-95
Civil tort. Affirms nunc pro tunc order granting Hicks’ motion to correct error and reinstating her negligence suit
brought against the City of Indianapolis on behalf of her minor child. The city waived any challenge based on the magistrate’s
lack of authority to sign the order by not objecting until after time for ruling on the motion to correct error expired. The
CCS entries provide a sufficient basis to later issue the order. The grant of the motion to correct error wasn’t an
abuse of discretion because the city didn’t show noncompliance with the tort claim notice requirements of the Indiana
Tort Claims Act.

Ryan
Armstrong v. State of Indiana (NFP)
79A02-1002-CR-107
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle while intoxicated, and Class A misdemeanors possession
of marijuana and possession of paraphernalia.

Roosevelt
Williams v. State of Indiana (NFP)
49A02-0911-PC-1124
Post conviction. Affirms denial of petition for post-conviction relief.

Timothy
A. Stevens v. State of Indiana (NFP)
45A05-0912-CR-723
Criminal. Affirms convictions of and sentences for Class C felonies forgery, and fraud on a financial institution, and three
counts of Class D felony theft.

Thompson
Thrift Construction Inc. v. Bank of Indiana, N.A. (NFP)
84A05-1001-PL-24
Civil plenary. Affirms summary judgment for Bank of Indiana in Thompson Thrift Construction’s attempt to foreclose
its mechanic’s lien on a parcel of real estate on which the bank held three mortgages.

Indiana
Spine Group v. Scenic Hills Care Center (NFP)
93A02-1003-EX-313
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for
provider fee. Remands for further proceedings.

Indiana
Spine Group v. All Seasons Holdings (NFP)
93A02-1003-EX-316
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for
provider fee. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Opinions Aug. 10, 2010

7th Circuit Court of Appeals
United
States of America v. Jermarcus Robinson
09-3955
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of possession with intent to distribute crack cocaine. The District Court correctly refused
to suppress the cocaine police officers pulled from Robinson’s buttocks after a traffic stop. The officer wasn’t
satisfied with his initial effort to pat down Robinson and was justified to return to finish the job within the bounds outlined
in Terry.

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7th Circuit: Officer allowed to resume frisk

As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when
police have many reasons why they may legitimately stop the car.

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Judges: 2-year statute of limitations doesn’t apply

The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider
fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of
limitations.

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Court suspends attorney for 30 days

The Indiana Supreme Court has imposed a 30-day suspension against an Indianapolis attorney who was one of nearly three dozen
people to recently apply for an opening on the state’s highest court.

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Special judge rules on venue change in Camm case

A southern Indiana judge has decided not to change the venue of a former state trooper’s third murder trial, and instead
will bring in jurors from outside the region to consider charges in a case that has twice been overturned on appeal.

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Opinions Aug. 9, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
L.T.
v. State of Indiana (NFP)
49A02-1001-JV-62
Juvenile. Affirms adjudication that L.T. committed Class A misdemeanor battery if committed by an adult.

Devin
Steele v. State of Indiana (NFP)
15A01-1003-CR-126
Criminal. Affirms sentence following guilty plea to Class D felonies domestic battery with a child present, domestic battery
with a prior conviction, and possession of a controlled substance. Affirms sentence imposed following the revocation of Steele’s
probation.

Steven
L. Fortner v. Janet M. Fortner (NFP)
67A05-1001-DR-36
Domestic relation. Affirms orders regarding the contempt petitions and attorney fees. Affirms dissolution of marriage, but
remands for consideration of omitted marital debts. Affirms physical custody order but remands for clarification of legal
custody of G.F. Reverses child support order and remands for clarification.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 20 cases for the week ending Aug. 6.
 

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Opinions Aug. 9, 2010

7th Circuit Court of Appeals
Owner-Operator
Independent Drivers Association Inc., et al. v. Mayflower Transit, LLC
08-1673
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms judgment with respect to a chargeback for the cost of insurance not being a sale of insurance. Rules the period
of limitations for suits under Section 14704(a)(2) is four years, not two. Remands for further proceedings that may be required
by the ruling on the limitations issue.

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A chargeback isn’t a sale of insurance

The 7th Circuit Court of Appeals held today that a chargeback for the cost of insurance is not a sale of insurance, as some
owner-operators of leased trucks argued. The Circuit Court also took issue with the District judge’s decision on which
statute of limitations applied to the parts of the suit.

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Race against domestic violence Aug. 14

The 7th annual Race Away from Domestic Violence 5k will be held on Saturday in Indianapolis. The race is hosted by the Indiana
Coalition Against Domestic Violence and raises awareness and money to help end domestic violence in the state.

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Court: Man properly executed will, not under undue influence

The Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children
questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding
undue influence.

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Felony can’t be modified to misdemeanor 9 years later

In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.

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Opinions Aug. 6, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Raytheon
Engineers & Constructors, Inc. v. Sargent Electric Company Ryerson Tull, Inc., et al.
45A04-0909-CV-524
Civil. Affirms grant of summary judgment to the third-party defendant, Sargent Electric Company. Raytheon Engineers and Constructors
Inc., the third-party plaintiff in the trial court, appealed the grant of summary judgment and raised the following issue
for review: whether the trial court erred when it granted Sargent’s motion for summary judgment. COA held Sargent did
not breach its duty of care to Raytheon and that Raytheon is not entitled to indemnification from Sargent.
 
Rebecca
Abbott v. Mainsource Financial Group
93A02-0912-EX-1261
Civil. Affirms single denial of Abbott’s application for adjustment of claim with the Worker’s Compensation Board
of Indiana against her employer, MainSource Financial Group. Abbott sought compensation for two prescription medications she
alleged she must take indefinitely as a result of her work-related injury. A single hearing judge concluded the evidence did
not support her contention that the prescriptions were necessitated by her work-related injury. When she petitioned the full
board to review the single hearing judge’s decision, the board affirmed the judge’s decision following a hearing.

 
Patrick
Roberts, et al. v. Robert A. Feitz, et al.
71A04-0910-CV-581
Civil. Affirms the trial court’s judgment in favor of appellees-defendants Robert and Bob Feitz’ counterclaim,
determining that the Feitzes are legal owners of the disputed access lane.
 
Crystal
Summerlot v. State of Indiana (NFP)
85A02-1002-CR-303
Criminal. Affirms convictions of and sentences for two counts of Class C felony dealing in a schedule IV controlled substance.

David
L. Green v. State of Indiana (NFP)
29A02-1002-PC-141
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Lester
Rowe v. State of Indiana (NFP)
49A02-0911-PC-1061
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Justin
A. Heintzelman v. State of Indiana (NFP)
02A04-0911-CR-648
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while
suspended.
 
William
Scott Phillips v. State of Indiana (NFP)
34A05-1003-CR-162
Criminal. Affirms sentence for Class D felony theft and Class D felony possession of a controlled substance.
 
Cynthia
A. Soames v. Indiana Dept. of Natural Resources and Thomas A. Young/Young Oil Company (NFP)
49A05-0912-CV-726
Civil. Affirms trial court’s denial of Soames’ verified petition for judicial review of the Natural Resource
Commission’s final order requiring her to refrain from interfering with Thomas Young/Young Oil Company’s efforts
to plug three oil wells on her property.
 
Angel
Braster v. Indiana Department of Child Services (NFP)
02A05-1002-PL-121
Civil plenary. Affirms trial court order upholding a finding of the Department of Child Services, which substantiated that
Braster had abused a child in her care.
 
Julian
D. Grady v. State of Indiana (NFP)
02A04-1004-CR-210
Criminal. Affirms conviction of robbery, a Class B felony; and pointing a firearm, a Class D felony.
 
Larry
O. Holder Jr. v. State of Indiana (NFP)
63A01-1002-CR-65
Criminal. Affirms trial court’s order revoking probation and imposing the previously suspended portion of Holder’s
sentence for burglary, a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.
 

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