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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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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