neglect

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David
Hopper v. State of Indiana (NFP)
31A01-1003-PC-89
Post conviction. Affirms denial of petition for post-conviction relief.

Sean
Rich v. State of Indiana (NFP)
49A04-0910-PC-561
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.

7th Circuit Court of Appeals
United
States of America v. Anthony L. Vaughn
09-3789
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Criminal. Affirms 180-month sentence after pleading guilty to committing aggravated assault on a federal officer. The District
Court reasonably explained why the sentence that was outside the guidelines range was appropriate.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William
Foster v. State of Indiana (NFP)
49A04-0908-CR-435
Criminal. Affirms convictions of Class A felony neglect of a dependent and Class C felony reckless homicide.

In
the matter of the marriage of : L.S. v. J.H. (NFP)
41A04-0910-CV-605
Civil. Reverses trial court order that ordered father is not required to enroll C.H. in gymnastics during his extended summer
parenting time in Indiana or contribute to the expenses associated with gymnastics. Remands with further instructions. Affirms
decree of modification in all other respects.

Christopher
W. Hovis v. State of Indiana (NFP)
92A03-0910-CR-487
Criminal. Dismisses belated appeal of convictions of and sentence for Class C felony assisting a criminal and a habitual
offender enhancement.

Geronimo
Montalvo v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07301001lmb.pdf
12A05-0910-CR-597
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.
 

7th Circuit Court of Appeals
Louis
and Karen Metro Family LLC, et al. v. Lawrenceburg Conservancy District, et al.
09-2418, -2482
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussman.
Civil. Affirms the City of Lawrenceburg and the Lawrenceburg Conservancy District breached their contract with the Metros
to convey land to the Metros based on the option contract their company held. Vacates decision to reform the contract to change
the date by which the option could be exercised from 18 months after completion of the project to 18 months after the date
of the District Court opinion. Remands for further proceedings to calculate damages and to assess costs against the district
and city.

United
States of America v. David Diaz-Gaudarama
09-4048
U.S. District Court, Southern District of Indiana, New Albany Division, Judge David F. Hamilton.
Criminal. Affirms District Court denial to credit Diaz-Gaudarama with the two-point reduction for acceptance of responsibility.
The District Court properly relied on the last-minute nature of Diaz-Gaudarama’s guilty plea and his own statements
during his plea colloquy don’t reflect remorse. He had even faked psychological illness in an attempt to evade punishment.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Eric
C. Danner v. State of Indiana
71A03-1001-CR-13
Criminal. Affirms convictions of dealing in cocaine, possession with intent to deliver over three grams as a Class A felony
and possession of marijuana as a Class A misdemeanor. The decision of the corporal to impound Danner’s car, which was
later approved by her supervisor, was valid under paragraph K of the written police department policy and the evidence was
properly admitted. The corporal’s observation of the marijuana was a proper plain view observation providing the officer
with probable cause, and the search of the car doesn’t violate state or federal constitutional rights.

Elizabeth
Bernel v. Jeffrey A. Bernel
46A03-0911-CV-511
Civil. Affirms denial of injunctive relief for Elizabeth. Reverses conclusion that the settlement agreement didn’t
require Jeffrey to refinance or otherwise satisfy the outstanding balance on the JP Morgan Bank line of credit as necessary
to remove the lien of debt from that account. Remands for the dissolution court to enter a money judgment in the amount of
$950,000 for Elizabeth and against Jeffrey and to determine a reasonable amount of attorney fees. Holds Elizabeth shall be
awarded prejudgment interest.  

State
of Indiana v. Carla F. Wells (NFP)
71A03-0911-CR-545
Criminal. Affirms trial court order granting Wells’ motion to suppress.

Eastern
Livestock, Inc. and Thomas P. Gibson v. Bill Day (NFP)
88A01-0909-CV-436
Civil. Affirms findings regarding “missing cattle” and the damages award to Day, charges made by Eastern and/or
Gibson in Day’s account, and overpayments that Eastern and Gibson allegedly made to Day. Also affirms conclusion that
Day’s pasture contracts with Gibson were not unconscionable and the refusal to award prejudgment interest to Day.

Donna
Demko v. Jeffrey P. Demko (NFP)
64A03-0811-CV-550
Civil. Grants petition for rehearing and reaffirms original opinion on child support, custody and other matters.

Jeffrey
B. Flora v. State of Indiana (NFP)
43A03-1002-CR-93
Criminal. Affirms denial of motion to remove sexually violent predator status.

Scott
S. Nowatzke v. Lorine L. Nowatzke (NFP)
46A05-0910-CV-611
Civil. Affirms division of property pursuant to the dissolution of the marriage.

Debra
L. Collins v. State of Indiana (NFP)
49A04-0912-CR-742
Criminal. Affirms conviction of Class D felony possession of a controlled substance.

Harvey
L. Lancaster v. State of Indiana (NFP)
49A02-1001-CR-10
Criminal. Affirms convictions of Class B misdemeanors disorderly conduct and public intoxication.

Mickel
J. Mills v. State of Indiana (NFP)
49A05-0910-CR-616
Criminal. Affirms sentence following guilty plea to Class D felony criminal trespass and Class A misdemeanor criminal trespass.

Robert
F. Dougan v. State of Indiana (NFP)
18A02-0912-CR-1268
Criminal. Affirms convictions of and sentence for Class D felony residential entry and three counts of Class D felony intimidation.

Ryan
E. Whitley v. State of Indiana (NFP)
49A05-1001-CR-34
Criminal. Affirms conviction of Class D felony public indecency.

Raymond
Johnson v. State of Indiana (NFP)
48A02-0912-CR-1285
Criminal. Affirms revocation of probation.

Joe
L. Knuckles v. State of Indiana (NFP)
20A05-1002-CR-57
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Adam
N. Bock v. State of Indiana (NFP)
17A03-1003-CR-134
Criminal. Affirms conviction of operating a vehicle while intoxicated with an alcohol concentration equivalent to 0.08 or
more as a Class C misdemeanor.

Indiana Tax Court had posted no opinions at IL deadline.
 

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.