Opinions

7th Circuit Court of Appeals
United
States of America v. Jamarkus Gorman
09-3010
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of perjury after testifying falsely before a grand jury. There is ample evidence to support
the finding Gorman perjured himself with regard to the possession of a Bentley. The evidence was properly admitted, albeit
as direct evidence rather than inextricable intertwinement evidence, and its probative value was not substantially outweighed
by any risk of unfair prejudice. 

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.

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.

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.

Indiana Court of Appeals
Daniel
A. Donald v. State of Indiana
23A04-0912-CR-685
Criminal. Reverses and remands trial court’s denial of Donald’s request for a competency evaluation prior to
his probation revocation hearing. Donald contended he was entitled to a competency evaluation pursuant to Indiana statute
and the Due Process Clause of the United States Constitution. The Court of Appeals disagreed with Donald’s statutory
argument, but agreed the Due Process Clause may warrant a competency evaluation prior to a probation revocation hearing.

Indiana Court of Appeals
Adoption
of A.M.; M.M. v. M.M. & A.C.
53A05-1002-AD-71
Adoption. Reverses denial of grandfather M.M.’s uncontested petition to adopt his biological granddaughter A.M. Based
upon the reasoning in K.S.P., the idea that the best interests of the child is the primary concern in an adoption
proceeding, the purposes of the adoption statutes as stated by the legislature, and the trial court’s initial determination
that adoption was in the best interests of A.M., preventing the adoption in this specific case on the basis of Ind. Code Section
31-19-15-1 and Ind. Code Section 31-19-15-2 would cause an absurd result not intended by the legislature. Remands for further
proceedings. Judge Najam dissents.

7th Circuit Court of Appeals
Brenda
Chaney v. Plainfield Healthcare Center
09-3661
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the District Court’s order of summary judgment in favor of Plainfield Healthcare Center. Finds that
Plainfield’s racial preference policy for patients violates Title VII of the 1964 Civil Rights Act. That policy, along
with other incidents that occurred before Plainfield fired Chaney, contributed to a hostile work environment, and should be
considered in determining whether Chaney was fired because of her race.

Indiana Court of Appeals
Isaac
Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove
into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective
implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence
claim is preempted by federal regulations set forth in 49.C.F.R. part 224.

7th Circuit Court of Appeals
Tom
George, et al. v. National Collegiate Athletic Association
09-3667
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses dismissal of the plaintiffs’ entire second amendment complaint alleging the NCAA’s ticket-allocation
process is an illegal lottery.

Indiana Court of Appeals
Crisis
Connection, Inc. v. Ronald Keith Fromme
19A05-0910-CR-602
Criminal. Affirms order Crisis Connections produce records to the court for an in camera review. An in camera review properly
balances Fromme’s constitutional rights and the victims’ interest in privacy.

Indiana Court of Appeals
Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell
93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.

Indiana Court of Appeals
Michael
Akens v. State of Indiana
49A05-0912-CR-687
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens
could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’
sentence. The agreement included his express waiver of his right to appeal his sentence.

The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.

7th Circuit Court of Appeals
Freddie
L. Byers Jr. v. James Basinger, Superintendent of the Wabash Valley Correctional Facility
09-1833
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Allen Sharp
Civil. Affirms District Court's denial of Byers' habeas petition. After a jury found Byers guilty of murder, attempted
murder and robbery, the Indiana Supreme Court affirmed on direct appeal. The Indiana Court of Appeals denied his petition
for post-conviction relief, and the Indiana Supreme Court denied transfer. The District Court later denied Byers’ habeas
petition, in which Byers argued that his trial counsel performed deficiently. The 7th Circuit granted Byers a certificate
of appealability on the question whether he had been denied effective assistance of counsel. The 7th Circuit affirmed the
district court’s denial because, even if Byers successfully exhausted his claim, it lacks merit.

Indiana Court of Appeals

Marcus
Lewis v. State of Indiana
49A02-0909-CR-920
Criminal. Reverses conviction of Class A misdemeanor domestic battery. Lewis received ineffective assistance of trial counsel
because counsel failed to timely file a written request for a jury trial. Remands for a new trial.

Indiana Court of Appeals
In the Matter of: A.C. v. State of Indiana
49A04-0912-JV-682
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor resisting law enforcement if committed by
an adult. A.C.’s simple failure to stand, without more, amounts to passive inaction and seems analogous to the failure
to present one’s arms for handcuffing, which the Indiana Supreme Court has said does not constitute forcible resistance.

Indiana Court of Appeals
Derrick
Bush v. State of Indiana
49A02-0907-CR-682
Criminal. After considering state’s claims of waiver as presented in its petition for rehearing, reaffirms original
opinion reversing Bush’s conviction of carrying a handgun without a license. Court of Appeals originally reversed conviction
after it held a canine sniff and resulting warrantless search of Bush’s automobile violated the Fourth Amendment because
the state did not meet its burden of showing the traffic stop was not unreasonably prolonged or there was independent reasonable
suspicion to justify the canine sniff.

Indiana Court of Appeals
Clifton
Mauricio v. State of Indiana (NFP)
02A03-1002-PC-130
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Court of Appeals
Luiz
Alves v. Old National Bank f/k/a St. Joseph Capital Bank
71A03-0909-CV-416
Civil. Affirms denial of Alves’ Ind. Trial Rule 60(B) motion. Because he filed his motion more than one year after
the trial court granted summary judgment for Old National Bank and his earlier appeal of that judgment doesn’t toll
the 1-year limit applicable to motions brought pursuant to subsections (1)-(4), his motion is untimely. In addition, the evidence
on appeal doesn’t show the bank owed a duty to Alves or that the bank breached a duty by conspiring with his former
business partner to remove him from their company.