Opinions

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.

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.

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.