Opinions July 17, 2014

July 17, 2014
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Lorenzo Mosley
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
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
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
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.
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
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)
Criminal. Affirms conviction of Class A felony attempted dealing in methamphetamine.

Phyllis Roy v. Jerry Gidrewicz (NFP)
Protective order. Affirms trial court’s denial of Roy’s motion to correct error.

Kenneth Ferrell v. State of Indiana (NFP)
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.



Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...