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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. 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???

  2. 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?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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