ILNews

Opinions Dec. 5, 2012

December 5, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
United States of America v. Gregory Wolfe
11-3281
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms convictions of bank theft and interstate transportation of stolen goods for Wolfe’s role in a copper theft scheme and his 88-month sentence, followed by concurrent three-year terms of supervised release, and order of more than $3 million in restitution. Wolfe argued that he was deprived of a fair trial because of statements the prosecutor made during closing argument. He also challenged the sentence and restitution order. Wolfe’s contentions lack merit.

Indiana Court of Appeals
In Re the Name Change of John William Resnover and In Re the Name Change of John Arthur Herron
49A02-1205-MI-364
Miscellaneous. Reverses denial of Resnover’s and Herron’s petitions to change their names. The trial court erred when it required a valid driver’s license or valid state ID card as a prerequisite to grant the petition for name change pursuant to I.C. 34-28-2. Remands for further proceedings. Judge Crone dissents in part.

Trenton Teague v. State of Indiana
89A01-1202-CR-86
Criminal. Affirms convictions and sentences for Class A felony burglary and Class C felony battery. The trial court did not abuse its discretion by admitting a 911 call and Teague’s aggregate, executed sentence of 40 years is appropriate. Judge Barnes concurs in result.

Bret Lee Sisson v. State of Indiana
09A02-1102-CR-199
Criminal. Affirms convictions of Class B felony burglary, Class B felony unlawful possession of a firearm by a serious violent felon, receiving stolen property as a Class D felony and adjudication as a habitual offender. There was no fundamental error when the state refiled the previously dismissed SVF charge and habitual offender allegation after Sisson’s first trial ended in a mistrial due to jury deadlock, and the trial court did not err in denying his motion for change of judge for sentencing purposes only. Affirms in all other respects.

Adoption of K.S., A Minor Child: A.S. and D.S. v. C.Z.
85A04-1205-AD-243
Adoption. Reverses denial of verified petition for adoption of K.S. and remands for further proceedings. The trial court erred in concluding that the natural mother’s consent to the adoption of her minor child by stepmother was required.  

Mitchell Burton v. State of Indiana
71A03-1203-CR-129
Criminal. Reverses conviction of Class D felony resisting law enforcement and remands for the trial court to vacate. The trial court abused its discretion in refusing to give Burton’s tendered self-defense and resistance of unlawful force instructions.

Tarique Henderson v. State of Indiana (NFP)
49A04-1202-CR-50
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.
 
Agustin Martinez v. State of Indiana (NFP)
49A02-1203-CR-197
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Kamari Hogue, A Minor, By and Through His Parent And Next Friend, Trent Hogue v. Robert Critz, Jr. (NFP)
02A05-1204-CT-192
Civil tort. Affirms jury verdict in Critz’s favor on Houge’s suit for negligence.

Robert D. Rogers, Jr. v. State of Indiana (NFP)
02A05-1204-CR-211
Criminal. Affirms conviction of failure to register as offender, elevated to a Class C felony as a result of a previous conviction for failure to register.

Mahamat Outman v. State of Indiana (NFP)
20A03-1204-CR-197
Criminal. Affirms application of the credit restricted felon statute to Outman’s conviction for Class A felony child molesting as alleged in Count III was not an ex post facto violation.

Kelvin Whitby v. State of Indiana (NFP)
02A03-1205-CR-226
Criminal. Affirms sentence for Class D felony domestic battery.

First Chicago Insurance Company v. Philip Hempel, Farm Bureau Insurance Company of Michigan, and American Transportation on Time, Inc. (NFP)
71A03-1202-PL-64
Civil plenary. Affirms dismissal of First Chicago’s complaint for declaratory judgment. The trial court did not err in dismissing the declaratory judgment action on principles of comity.

Susan Edwards v. Deutsche Bank National, Trust Company (NFP)
02A03-1201-MF-24
Mortgage foreclosure. Affirms summary judgment in favor of the bank in the bank’s in rem action against real property owned by Edwards.

Term. of the Parent-Child Rel. of: A.T., Minor Child, M.T., Father v. Indiana Dept. of Child Services (NFP)
42A04-1203-JT-118
Juvenile. Affirms involuntary termination of father’s parental rights.

Herman Gehl, II v. State of Indiana (NFP)
13A01-1203-CR-92
Criminal. Affirms sentence following guilty plea to two counts of Class D felony invasion of privacy.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT