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Opinions Dec. 19, 2013

December 19, 2013
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The following 7th Circuit Court of Appeals decision was posted after IL deadline Wednesday:
USA v. Roger Loughry
13-1385
Criminal. Affirms Loughry’s conviction on 16 child-pornography charges after a second trial. Loughry was convicted on the same 16 counts previously, but the 7th Circuit reversed because evidence of “hardcore” pornography that was admitted at the first trial was ruled an abuse of discretion. On appeal of his conviction after the second trial, the 7th Circuit rejected Loughry’s claim that providing jurors during deliberations with images and videos that were admitted into evidence was highly prejudicial.

Thursday’s opinions
Indiana Supreme Court
Tyrice J. Halliburton v. State of Indiana
20S00-1206-LW-560
Life without parole. Affirms murder conviction and sentence of life without parole. The trial court did not err in admitting certain evidence. Concludes the trial court committed no error, let alone fundamental error, by admitting photographs into evidence. Finds the court’s limiting instruction was erroneous, but Halliburton made no claim that the error was fundamental and no such fundamental error occurred.

Scott Speers v. State of Indiana
55S01-1312-CR-841
Criminal. Affirms the trial court did not err by admitting the DNA evidence over Speers’ Confrontation Clause objection. A lab technician involved in a chain of custody of DNA evidence does not have to testify in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.

Indiana Court of Appeals
Brittney Watson v. State of Indiana
71A03-1303-CR-91
Criminal. Affirms murder conviction. Based on the evidence, the jury could have determined beyond a reasonable doubt that Watson either knew or intended that the victim would be killed and acted in concert with Steven and Stephon Rice to accomplish the deed.

In the Matter of the Estate of Stephen T. Hannebaum, Deceased, Renada Fay Hannebaum v. Mary Rebecca Hannebaum and Stephen T. Hannebaum, II, as Personal Representatives of Stephen T. Hannebaum
81A05-1301-ES-17
Estate. Affirms order finding Renada Hannebaum had forfeited her right to inherit from Stephen Hannebaum’s estate. The pieces of evidence, taken together, suggest a continuing behavior that is sufficient to sustain the trial court’s finding of an adulterous relationship between Renada and Doug Wilson in April 2011. The trial court properly found Renada left Stephen permanently rather than temporarily.
 
William Hinesley, III v. State of Indiana
55A05-1302-PC-80
Post conviction. Affirms denial of petition for post-conviction relief from conviction of Class A felony child molesting. The post-conviction court properly determined that Hinesley failed to demonstrate that his counsel’s performance was deficient or prejudicial and his claim of prosecutorial misconduct is unavailable.

Meridian Mutual Insurance Company, n/k/a State Automobile Mutual Insurance Company v. Majestic Block & Supply, Inc., n/k/a Tutewiler Corporation
49A05-1210-PL-533
Civil plenary. Affirms summary judgment for Majestic Block & Supply. Majestic’s coverage was not barred by late notice or known loss, it did not benefit from a double recovery and it was entitled to prejudgment interest. However, State Auto’s arguments are not so frivolous, unreasonable or groundless as to require an award of attorney fees to Majestic.

Dana Companies, LLC v. Chaffee Rentals, a/k/a, Chaffee Rentals and Storage, BRC Rubber Group, Inc., Charles V. Chaffee, Karen J. Chaffee and Clifford Chaffee
92A03-1208-CC-358
Civil collections. Affirms in part, reverses in part and remands. Affirms the trial court rulings that in a contract dispute over industrial pollution cleanup costs that the doctrine of fortuity did not apply in Dana’s complaint against BRC. Dana is entitled to collect damages from BCR, which rented the industrial site Dana formerly owned, but only for the non-PCB contamination caused solely by BRC’s use. Remands to the trial court with orders to reduce the total awards, including prejudgment interest, from $154,632 to $7,383.

Edwin Rwoti v. State of Indiana (NFP)
02A04-1304-CR-181
Criminal. Affirms conviction of Class D felony sexual battery.

Raphael Miles v. State of Indiana (NFP)
82A01-1306-CR-295
Criminal. Affirms denial of motion to correct erroneous sentence.

Maxwell Swisher v. State of Indiana (NFP)
06A04-1304-CR-173
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

In the Matter of: J.C. and A.M.C. (Minor Children), Children in Need of Services, and A.K.C. (Mother) v. Indiana Department of Child Services (NFP)
29A04-1305-JC-216
Juvenile. Affirms J.C.’s designation as a child in need of services but vacates with respect to A.M.C.

T. Kyle Buehner v. Evansville Teachers Federal Credit Union (NFP)
82A01-1302-CC-61
Civil collection. Affirms judgment in favor of the credit union, finding it had authority to seize funds in Buehner’s savings account to satisfy his father’s debt.

In the Matter of the Termination of the Parent-Child Relationship of: D.W., Minor Child, G.W., Father v. Indiana Department of Child Services (NFP)
49A02-1304-JT-333
Juvenile. Affirms involuntary termination of parental rights.

Jeffrey O. Gilstrap v. Michael D. Mount (NFP)
39A01-1303-SC-103
Small claim. Affirms denial of Gilstrap’s motion for relief from judgment.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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