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Opinions April 7, 2014

April 7, 2014
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7th Circuit Court of Appeals
United States of America v. Stephanie L. Donelli
13-2548
Criminal. Affirms 60-month sentence for convictions of wire fraud and tax evasion. Donelli’s claim that the trial court erred by failing to consider her mental illness, bipolar II disorder, as a principal argument in mitigation was rejected because she failed to present the diagnosis as a principal argument in mitigation, and because she waived the argument by failing to object to her sentence apart from the fact that it was above the guidleline range.


Indiana Court of Appeals
Kevin J. Mamon v. State of Indiana
30A01-1301-CR-47
Criminal. Affirms convictions of Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness, Class B misdemeanor reckless driving and an enhancement for being a habitual offender. The panel found no grounds for reversal on Mamon’s claim that admitting evidence from a traffic stop for following too closely in a construction zone was fundamental error. Mamon failed to preserve an objection at the trial court, and there is no claim of evidence fabrication or willful malfeasance on the part of law enforcement.

In the Matter of: L.P., a Child Alleged to be a Child in Need of Services, K.K., Mother v. The Indiana Department of Child Services
77A01-1310-JC-427
Juvenile. Reverses determination that L.P. was a child in need of services, holding that a factual finding of an isolated use of methamphetamine, without more, does not support the conclusion of law that L.P. was a CHINS.  

Sheaff Brock Investment Advisors, LLC v. David Morton
29A02-1306-CC-553
Civil collection. Affirms trial court ruling that Sheaff Brock Investment Advisors breached its contract with adviser David Morton and was liable for additional compensation under the Wage Claims Act. Because the trial court did not err in granting summary judgment on those claims, Morton is entitled to appellate attorney fees. The trial court also did not err in entering summary judgment in favor of Sheaff Brock on Morton’s claim on constructive fraud.

Umbrella Family Waiver Services, LLC v. Indiana Family and Social Services Administration
49A02-1306-PL-525
Civil plenary. Affirms denial of Umbrella’s Verified Petition for Judicial Review. Rules the Indiana Family and Social Services Administration followed the terms of the contract by giving a 60-day notice of termination and did not exceed its statutory authority by not providing a reason for the termination.  

Christian Dailey v. David Building Group (NFP)
49A02-1310-CT-906
Civil tort. Affirms trial court order granting summary judgment in favor of Davis Building Group on Christian Dailey’s negligence claim.

North Central Cooperative, Inc. v. John R. Garrison (NFP)
08A02-1304-CT-345
Civil tort. Affirms trial court order granting Garrison’s motion to amend his negligence complaint.

Andre Botley v. Dilmar Sanchez (NFP)
49A05-1311-CT-567
Civil tort. Reverses trial court dismissal of Botley’s negligence claim, remanding with instructions to reinstate the claim.

Trena Marie Gagliardo v. State of Indiana (NFP)
76A03-1306-CR-209
Criminal. Affirms Class C felony conviction of nonsupport of a dependant child.

Lakila Gill v. State of Indiana (NFP)
49A02-1307-CR-633
Criminal. Affirms conviction of Class A felony attempted murder and reverses sua sponte conviction of Class B felony aggravated battery on double-jeopardy grounds. Remands with instructions to vacate the battery conviction. Gill’s 20-year aggregate sentence is unchanged.

The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.



 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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