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Opinions July 17, 2014

July 17, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Lorenzo Mosley
13-3184
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms revocation of Mosley’s supervised release after judge found Mosley had committed the alleged violations, which included dealing cocaine, and sentence to 21 months in prison. The District Court erred in admitting a hearsay statement without finding there was “good cause,” but the error was harmless.

Thursday’s opinions
Indiana Supreme Court

Gayle Fischer v. Michael and Noel Heymann
49S02-1309-PL-620
Civil plenary. Affirms the award of damages and attorney fees to Fischer after the Heymanns broke their contract to purchase her condo. Affirms the trial court’s refusal to find that Fischer’s only reasonable option to mitigate her damages was to respond to the Heymanns’ demands. The trial court did not err in finding that Fischer should have mitigated her damages by selling the condo for $240,000 in February 2007.

Indiana Court of Appeals
Todd DeWayne Kelly v. State of Indiana
41A01-1311-CR-519
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy. The state presented clear evidence that Kelly indirectly communicated with his ex-wife, who had a protective order against Kelly, when he sent a text to their daughter, who showed it to her mother.

Clyde Davis v. State of Indiana
49A02-1311-CR-938
Criminal. Reverses conviction of Class B misdemeanor public intoxication. There is no evidence Davis was in danger – past or present – at the time of his arrest and the state’s argument that he was in danger of being struck by a car was speculative.

Moran Electric Service, Inc., and Threaded Rod Company, Inc. v. Commissioner, Indiana Department of Environmental Management, City of Indianapolis, Ertel Manufacturing Corp.
49A02-1305-MI-432
Miscellaneous/Rehearing. Affirms original opinion in all respects. The original opinion did not misinterpret the trial court’s role in the environmental action involving Moran, Threaded Rod and Ertel with regard to disbursement of escrowed funds. IDEM cannot perform remedial actions and obtain damages from a party through an administrative order – it must go to court to obtain those.

Carlin Graffenread v. State of Indiana
49A05-1310-CR-499
Criminal. Affirms denial of motion to defer dealing in marijuana charge. The language of Indiana Code Section 35-48-4-12 is clear and unambiguous on its face and does not run afoul of double jeopardy or collateral estoppels protections.

Joseph M. Bell v. State of Indiana (NFP)
20A03-1311-CR-464
Criminal. Affirms conviction of Class A felony attempted dealing in methamphetamine.

Phyllis Roy v. Jerry Gidrewicz (NFP)
45A03-1306-PO-263
Protective order. Affirms trial court’s denial of Roy’s motion to correct error.

Kenneth Ferrell v. State of Indiana (NFP)
49A04-1311-CR-567
Criminal. Affirms conviction of Class D felony residential entry.

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

 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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