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Opinions July 18, 2014

July 18, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Garrett Davarrass Smith
12-3350
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Dismisses Smith’s appeal of his sentence of 168 months in prison after pleading guilty to possessing with the intent to distribute 500 grams or more of cocaine. Smith expressly waived his right to appeal the sentence in his written plea agreement.

Friday’s opinions

Indiana Court of Appeals
In re: The Visitation of A.W., J.W. v. State of Indiana (NFP)
71A03-1401-MI-3
Miscellaneous. Dismisses denial of mother’s motion to correct error.

In re the Marriage of: Monica S. Yoldash n/k/a Monica S. Orta v. Ibrahim E. Yoldash (NFP)
45A03-1308-DR-324
Domestic relation. Affirms dissolution of the marriage.

John Zapata d/b/a Zapata Collection Services, An Individual and as Assignee v. Ball State University, Facilities Management and Planning (NFP)
18A04-1310-CC-534
Civil collection. Affirms grant of Ball State’s motion to dismiss Zapata’s complaint for damages arising from a breach of contract.

John V. Guthrie v. State of Indiana (NFP)
45A05-1311-PC-551
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Commissioner of Insurance Stephen W. Robertson, on behalf of Indiana Patient's Compensation Fund v. Kimi Clark, Personal Representative of the Estate of William Troy Clark, Deceased (NFP)

49A04-1401-CT-7
Civil tort. Affirms award of damages for lost earnings to the estate following remand.

Emmanuel Winters v. State of Indiana (NFP)
79A02-1312-CR-1050
Criminal. Affirms 20-year sentence imposed following guilty plea to Class B felony robbery and Winters’ admission that he is a habitual offender.

Lloyd Hedstrom v. State of Indiana (NFP)
46A05-1401-CR-12
Criminal. Affirms 80-year aggregate sentence but reverses classification as a credit-restricted felon and remands with instructions.

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

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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