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Opinions July 23, 2014

July 23, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Haitham Mohamed
13-2368
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Reverses conviction of knowingly transporting and possessing contraband cigarettes. The District Court erred in denying Mohamed’s motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29.

Wednesday’s opinions
Indiana Court of Appeals

Willie L. Montgomery v. State of Indiana
82A05-1401-CR-34
Criminal. On interlocutory appeal, rejects Montgomery’s challenge of the denial of his motion to dismiss a charge of failure to register as a sex or violent offender in Vanderburgh County because he has already been prosecuted for failing to register in Pike County. The charge in question is not barred under I.C. 35-34-1-4(a)(7) and does not violate double jeopardy principles. Remands for trial.

Joseph Laycock v. Joseph Sliwkowski, M.D.
79A04-1310-CT-521
Civil tort. Affirms summary judgment in favor of Sliwkowski on Laycock’s complaint that the doctor had a duty to see that Laycock obtained proper treatment.  The designated evidence does not establish a genuine issue of material fact on the issue of causation.

Briandre Q. Howard v. State of Indiana (NFP)
02A03-1310-CR-428
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Joseph Chadwick Cole v. State of Indiana (NFP)
69A05-1402-CR-92
Criminal. Affirms revocation of probation.

In Re: the Termination of the Parent-Child Relationship of: S.J. (Minor Child), And D.C. (Father) v. The Indiana Department of Child Services (NFP)
02A04-1312-JT-646
Juvenile. Affirms order terminating parental rights.

Freemond Jordan v. State of Indiana (NFP)
71A04-1310-CR-540
Criminal. Affirms convictions of murder and Class B felony attempted robbery.

Walter J. Bramage v. Discover Bank (NFP)
45A04-1312-CC-636
Civil collection. Affirms summary judgment in favor of Discover Bank.

David Jastrzembski v. State of Indiana (NFP)
71A03-1312-CR-481
Criminal. Affirms conviction of Class D felony check fraud.

Joseph R. Mosley v. State of Indiana (NFP)
87A01-1312-CR-530
Criminal. Affirms sentence following guilty plea to 23 counts of Class D felony theft.

Shannon Goodman v. State of Indiana (NFP)
22A01-1401-CR-5
Criminal. Affirms sentence following guilty plea to Class A felony burglary resulting in bodily injury.

Adam Trusty and Brittany Trusty v. David L. Hood (NFP)
08A05-1309-CC-466
Civil collection. Affirms claim of breach of contract to sell residential real estate against the Trustys.

Delvon Tolbert v. State of Indiana (NFP)
20A05-1310-CR-564
Criminal. Affirms conviction of Class C felony forgery.

Adam Taylor v. State of Indiana (NFP)
49A05-1311-CR-566
Criminal. Affirms denial of Taylor’s motion to suppress evidence seized during a search of his vehicle and his sentence for Class B felony possession of a firearm by a serious violent felon, Class D felony dealing in marijuana, Class D felony possession of a controlled substance and Class A misdemeanor resisting law enforcement.

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

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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