Opinions

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.

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.

Indiana Court of Appeals
Monty
Rader v. State of Indiana
49A02-0907-CR-691
Criminal. Affirms denial of motion to suppress. The IP address used to log in to the monty20064 account was, on the dates
in question, assigned to Rader’s home in Greencastle. Rejects Rader’s request that the court follow the precedent
of the New Jersey Supreme Court and ignore the holding of the Indiana Supreme Court with regard to the issuance of investigatory
subpoenas to third parties.

Indiana Court of Appeals
Arthur Balls v. State of Indiana (NFP)
49A02-1001-CR-12
Criminal. Affirms conviction of and sentence for Class C felony battery and finding Balls is a habitual offender.

7th Circuit Court of Appeals

Torrey
Bauer, David Certo, and Indiana Right to Life, Inc. v. Randall T. Shepard, et al.
09-2963
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District court’s ruling that the state’s judicial canons are constitutional regarding whether
judges can make public statements regarding controversial issues. The opinion recognizes a split among Circuits throughout
the country on the issue. Also finds that a portion of the challenge involving the pre-2009 conduct code is unripe, rather
than moot as the District court had found.

Indiana Court of Appeals
Kari
Heyser, et al. v. Noble Roman's, Inc., et al.
29A04-1002-PL-71
Civil plenary. Affirms partial summary judgment for Noble Roman’s Inc. and other defendants on Heyser and other franchisees’
claim for constructive fraud. The admission by the franchisees’ attorney that their fraud claims against the banks were
based solely on allegedly fraudulent representations by Noble Roman’s, with whom the banks allegedly acted in conspiracy;
and the franchisees were alleging actual fraud, not constructive fraud.

7th Circuit Court of Appeals
United
States of America v. Anna LaFaive, also known as Phyllis Click
09-2344
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of and sentence for two counts of bank fraud and two counts of aggravated identity theft. 18
U.S.C. Section1028A criminalizes the use of both a living or deceased person’s identification. The District Court did
not plainly err in calculating or imposing her sentence.

Indiana Court of Appeals
Cullen
Davis Walker v. State of Indiana
71A03-1003-CR-115
Criminal. Affirms Walker’s convictions of burglary, robbery, criminal confinement – all as Class B felonies,
and possession of cocaine as a Class C felony. Also affirms his sentence of 56 years. Walker argued his burglary and criminal
confinement convictions should be vacated pursuant to the continuing crime doctrine because his offenses of were all part
of the same continuing crime since they occurred in a short period of time and facilitated his sole purpose of taking things
from people at one house. The court ruled each offense was a distinct chargeable crime. Remands with instructions to correct
clerical errors in the amended judgment and chronological case summary.

Indiana Court of Appeals
Gail
M. Flatow and Flatow Comer, LLP v. Dwane Ingalls
49A02-0910-CV-994
Civil. Reverses denial of Flatow and Flatow Comer’s motion for summary judgment in Ingalls’ suit for legal malpractice.
There is no designated evidence in the malpractice litigation to show the result of Ingalls’ partial motion for summary
judgment would have been any different had a reply been filed. As a matter of law, the Flatow defendants had no duty to provide
the services Ingalls claims they were negligent in failing to provide.

7th Circuit Court of Appeals
Barbara
J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration
09-3917
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s
benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic
fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and
the District Court didn’t err in upholding the ALJ’s credibility determinations.

7th Circuit Court of Appeals
Frank
McAllister v. Jerry L. Price, in his individual capacity
10-1213
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms denial of summary judgment for police officer Price, who claimed qualified immunity. There are genuine issues
of material fact about whether Price violated McAllister’s clearly established constitutional rights. McAllister alleges
that Price violated his Fourth Amendment rights by using excessive force to remove McAllister from his car after suffering
a diabetic episode that resulted in the crash.

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.

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.

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.

Indiana Court of Appeals
State
of Indiana v. Jeffrey Brunner
57A04-1003-CR-121
Criminal. Reverses and remands with instructions trial court’s October 2009 order modifying Brunner’s August
2000 conviction from a Class D felony to a Class A misdemeanor. The parties raised two issues for review.

7th Circuit Court of Appeals

United
States of America v. Adam Williams
09-3174
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms convictions of and sentence for illegal possession of a firearm as a felon and various drug distribution
offenses. Williams couldn’t satisfy his burden under either prong of the Strickland standard, so the District
Court’s refusal to investigate further his perceived problems with his attorney is a harmless abuse of discretion. Because
Williams was convicted of a violent felony, his claim that Section 922(g)(1) unconstitutionally infringes on his right to
possess a firearm is without merit.

Indiana Court of Appeals
Wells Fargo Insurance v. Bruce A. Land
48A02-0911-CV-1099
Civil. Affirms Land is entitled to commission on all of his 2005 crop-year policies. By Feb. 2, 2006, the date of Land’s
resignation, the sales had been consummated, and his right to the 2005 crop-year commissions had fully accrued, subject only
to receipt of the premium payments.

Indiana Court of Appeals
F.B.
Boushehry v. City of Indianapolis, et al.
49A05-1002-PL-55
Civil. Affirms trial court’s grant of summary judgment in the city’s favor because Boushehry’s claim did
not meet the Indiana Tort Claims Act notice requirement.

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.

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.