The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to
inextricable intertwinement is unavailable when determining a theory of admissibility.
The Indiana Supreme Court will answer a certified question in litigation involving the state’s Products Liability Act.
The justices accepted the certified question from U.S. District Court, Southern District of Indiana Judge Larry J. McKinney
Tuesday afternoon.
Indiana’s Judges and Lawyers Assistance Program is partnering with the American Bar Association Commission on Lawyer
Assistance Programs to host this year’s national conference in October in Indianapolis.
7th Circuit Court of Appeals
Prime
Eagle Group Ltd., as assignee of the claims of Nakornthai Strip Mill Public Co. Ltd. v. Steel Dynamics Inc.
09-1663
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms judgment for Steel Dynamics in Prime Eagle’s suit that Steel Dynamics must pay damages in tort for withdrawing
from a steel mill venture in Asia. Nakornthai’s injury began no later than July 1999 and the company had knowledge of
the injury then, so its suit is beyond the statute of limitations.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David
A. Calvert v. State of Indiana
40A05-0911-CR-659
Criminal. Reverses conviction of Class B felony attempted robbery with a deadly weapon because the state failed to prove
a substantial step. Calvert’s conviction of possession of a sawed-off shotgun as a Class D felony violates double jeopardy.
Affirms convictions of Class B felony possession of a firearm as a serious violent felon. Affirms sentence and remands with
instructions. Judge Kirsch dissents in part.
E.W.
Revocable Trust
29A02-0910-CV-1004
Civil. Affirms order that the trustee pay the beneficiaries’ attorney fees, the reduction of the requested trustee
fees, and the reduction of the amount of trustee’s attorney fees to be borne by the trust. The trustee breached duties
owed to the objecting beneficiaries. Reverses order that the trustee bear the remaining portion of his attorney fees personally.
Cornelius
Tyrone Lacey, Sr. v. State of Indiana
02A05-0910-CR-562
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable
cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was
unreasonable under the Indiana Constitution. Judge Barnes concurs in result.
Damion
Wilkins v. State of Indiana
02A03-0910-CR-451
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable
cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was
unreasonable under the Indiana Constitution. Judge Barnes concurs in result.
Bradford
Drake v. State of Indiana (NFP)
55A01-0912-CR-577
Criminal. Affirms sentence for two convictions of attempted murder as Class A felonies.
Term.
of Parent-Child Rel. of M.D.; M.C. v. I.D.C.S. (NFP)
34A02-1001-JT-156
Juvenile. Affirms termination of parental rights.
Dionte-Daymone
Jones v. State of Indiana (NFP)
45A05-1001-CR-4
Criminal. Affirms sentence following guilty plea to Class D felony auto theft.
Daniel
Brownlee v. State of Indiana (NFP)
49A02-0912-CR-1259
Criminal. Affirms conviction of Class C felony burglary and Class D felony attempted theft.
James
Eiteljorg, et al. v. Ralph E. Lean (NFP)
49A05-0912-CV-679
Civil. Reverses denial of Eiteljorg and Bharti’s motion for summary judgment in an action brought by Lean seeking contribution
from them for violations of the Indiana Securities Law. Remands with instructions.
Daniel
J. Emery v. State of Indiana (NFP)
52A04-0910-PC-583
Post conviction. Affirms denial of petition for post-conviction relief.
Associated
Builders & Contractors Indiana Chapter, Inc., et al. v. Lori A. Torres (NFP)
49A02-0910-CV-995
Civil. Grants rehearing but affirms original opinion in all respects regarding the dismissal of the builders’ complaint
for lack of standing.
Robert
Emerson v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07271002ebb.pdf
71A03-1001-CR-26
Criminal. Affirms conviction of Class C felony battery.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Marion
County Coroner’s Office v. Equal Employment Opportunity Commission and John Linehan
09-3595
Petition for review of an order of the EEOC. Upholds the EEOC determination that Coroner Ackles’ stated reason for
taking action against Linehan was pretextual and that the EEOC had jurisdiction over Linehan’s retaliation claim.
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.
A federal government office has cleared two Dearborn County officials who’d been accused by the former county attorney
of violating federal law that restricts political activity for those involved with federally funded programs.
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge
vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part
of a settlement.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Leonard
Townsend Jr. v. State of Indiana (NFP)
45A03-1004-PC-251
Post conviction. Affirms denial of petition for post-conviction relief.
B.H.
v. State of Indiana (NFP)
34A05-1002-JV-58
Juvenile. Affirms B.H.’s placement at the Department of Correction.
A.T.J.
v. State of Indiana (NFP)
71A03-0912-JV-582
Juvenile. Affirms order A.T.J. be placed in the custody of the Department of Correction.
Frank
W. Jackson III v. State of Indiana (NFP)
45A03-0907-CR-303
Criminal. Affirms conviction of Class B felony burglary.
A.B.,
Alleged to be C.H.I.N.S.; K.J. v. I.D.C.S. and Child Advocates (NFP)
49A02-1001-JC-35
Juvenile CHINS. Affirms finding A.B. is a child in need of services.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court didn’t grant any transfers for the week ending July 23.
7th Circuit Court of Appeals
United
States of America v. Mark Ciesiolka
09-2787
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Reverses conviction of knowingly attempting to persuade, induce, entice, and coerce a minor to engage in sexual
activity. Because the District Court failed to explain its ruling that the four-factor test for introducing evidence of prior
acts under Rule 404(b) was satisfied, and since the evidence introduced in unconstrained fashion is perhaps excessively prejudicial
in light of its probative value, reverses and remands for a new trial. Judge Ripple dissents.
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction”
in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
A week after a bizarre court hearing where opposing attorneys took turns questioning one another on the witness stand, Hamilton
County Judge Steve Nation ruled Friday that the heirs of former Conseco Inc. executive Lawrence Inlow failed to justify their
attempt to remove Cincinnati-based Fifth Third Bank as the personal representative of the estate.
If you know of a lawyer or judge who demonstrates dedication and professionalism above and beyond most, there are several
awards for which they may be considered. Deadlines are quickly approaching.
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Norman A. Donovan v. State of Indiana (NFP)
55A01-0912-CR-617
Criminal. Remands with instructions to merge operating a vehicle while intoxicated conviction into his operating with a 0.08 alcohol concentration equivalent conviction, vacate the OWI conviction, and enter judgment on the ACE conviction. Affirms in all other respects.
Willie L. Jackson v. State of Indiana (NFP)
90A02-1001-CR-23
Criminal. Affirms order to pay $1,767 in restitution.
Jimmy Yarbrough v. State of Indiana (NFP)
49A02-0912-CR-1217
Criminal. Affirms conviction of burglary as a Class B felony.
Kyla Phillips v. Hook-SuperX, Inc. (NFP)
36A01-1003-CT-142
Civil. Affirms trial court’s denial of Phillips’ motion for relief from judgment.
Frank Guajardo v. State of Indiana (NFP)
79A02-0912-CR-1234
Criminal. Affirms conviction and sentence because Guajardo may not challenge his guilty plea on direct appeal. However, the trial court erred by imposing a public defender fee without finding Guajardo had the ability to pay; the fee is reversed and the case remanded for a determination of Guajardo’s ability to pay.
Shawn M. Swartout v. State of Indiana (NFP)
92A05-1002-CR-66
Criminal. Affirms convictions of Class D felony possession of methamphetamine, Class D felony possession of a narcotic drug, Class A misdemeanor possession of marijuana, and Class A misdemeanor possession of paraphernalia.
Thomas Christman v. Matthew Christman (NFP)
85A02-0910-CV-1014
Civil. Affirms trial court’s judgment in Thomas Christman’s action to partition land filed against his son Matthew.
James E. Jennings v. State of Indiana (NFP)
87A01-1002-CR-34
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.
Anthony Franklin v. State of Indiana (NFP)
49A02-0912-CR-1241
Criminal. Affirms murder conviction following a bench trial.
James Ingersoll v. State of Indiana (NFP)
75A03-0911-CR-540
Criminal. Affirms post-conviction court’s denial of request for education credit time.
Wesley Smith v. State of Indiana (NFP)
55A01-0909-PC-440
Post-conviction. Affirms denial of petition for post-conviction relief.
Khalid M. Jackson-Bey v. State of Indiana (NFP)
45A04-0911-CR-646
Criminal. Affirms convictions of robbery, confinement, and battery.
Indiana Tax Court posted no opinions before IL deadline.
Indiana Court of Appeals
David
K. Murphy v. State of Indiana
18A02-1002-CR-213
Criminal. Reverses and remands trial court’s decision denying Murphy educational credit time. Murphy contended the
trial court is the proper authority to determine whether to grant educational credit time for receiving his general educational
development diploma prior to sentencing. The Court of Appeals agreed.
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
J.
John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain
20A03-0908-CV-366
Civil. Granted a petition for rehearing and again affirmed the trial court opinion the Marshalls had a duty to exercise reasonable
care to prevent an unreasonable risk of harm to neighboring landowners arising from the condition of trees on their property
and further held they had breached that duty.
Trevor
Brieger v. State of Indiana (NFP)
49A02-0907-CR-617
Criminal. Affirms convictions of rape and criminal deviate conduct as Class B felonies.
Termination
of Parent-Child Relationship of S.H.; A.W. v. Indiana Dept. of Child Services (NFP)
76A05-1001-JT-42
Juvenile. Affirms termination of parental rights.
Bruce
Gunstra v. Salin Bank and Trust Company (NFP)
49A02-0912-CV-1274
Civil. Affirms trial court’s order granting the motion of Salin Bank and Trust Company for pre-judgment garnishment
of any distributions to Gunstra by two limited liability companies of which he is a member.
Anthony
Phillips v. State of Indiana (NFP)
48A02-0912-CR-1269
Criminal. Affirms trial court’s revocation of probation.
Indiana Tax Court
Indiana
Dept. of State Revenue, Inheritance Tax Division v. Estate of Katherine S. Boehle, Deceased
49T10-0811-TA-62
Tax. Affirms Marion Probate Court’s denial of the Indiana Department of State Revenue, Inheritance Tax Division’s
motion to correct error. The issue for review was whether the probate court erred in determining the estate’s inheritance
tax liability regarding a trust that the decedent set up to provide for her son who has Down Syndrome and resides in an assisted-living
facility.