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Opinions July 28, 2014

July 28, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Toni Ball v. City of Indianapolis, et al.
13-1901
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s dismissal of Ball’s wrongful arrest complaints against police and municipal defendants, preserving only a Fourth Amendment claim against a detective that since has been removed to state court. Because the allegations of the complaint did not support Ball’s claims for relief except for her Fourth Amendment claims, the district court properly dismissed and granted judgment on the pleadings of those claims.

Che B. Carter v. Keith Butts
13-2466
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of petition for habeas corpus. Holds that Carter, serving a 90-year sentence on convictions of burglary, robbery, rape and attempted murder, was not sufficiently prejudiced. Finds that the Indiana Supreme Court did not unreasonably conclude that Carter had not met the two-prong ineffective assistance of counsel test established in Strickland v. Washington, 466 U.S. 668 (1984).

Leonard Dewitt v. Corizon, Inc., et al.
13-2930
U.S. District Court for the Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses denial of motions for recruitment of counsel and grant of summary judgment in favor of the defendant and remands so the court may recruit counsel so that  Dewitt can conduct further discovery in order to litigate his deliberate indifference case.

Indiana Court of Appeals
Bobby Alexander v. State of Indiana
49A04-1207-CR-351
Criminal. Reverse one of two convictions for Class B felony aggravated battery. Rules the state incorrectly asserted in the charging information and during closing arguments that Alexander’s actions of shooting at a car created a substantial risk of death. The statute clearly provides that the substantial risk of death must be created by the injury inflicted upon the victim and not by the defendant’s actions. Remands with instructions to enter judgment of conviction for battery as a Class C felony and to resentence accordingly.  

Chad Matthew McClellan v. State of Indiana
29A05-1401-CR-7
Criminal. Affirms conviction of Class C felony battery, holding that the evidence was sufficient for the jury to conclude that a stun gun was a deadly weapon for purposes of the battery with a deadly weapon statute.

Ashley Bell v. State of Indiana
49A02-1312-CR-1026
Criminal. Affirms conviction for Class A misdemeanor possession of marijuana. Finds Bell’s Fourth Amendment rights were not violated by the warrantless patdown search which led to the discovery of 10 baggies of marijuana. Rules that based on precedent, the smell of marijuana gave the police officer probable cause to conduct a patdown search.

J.P. v. G.M. and R.M.
38A02-1311-MI-960
Miscellaneous/grandparent visitation. Reverses order awarding maternal grandparents G.M. and R.M. visitation with their 3-year-old grandchild, finding that father J.P. was prejudiced by the denial of a motion for continuance after learning that grandparents were represented by counsel and he was not. Remands for a new hearing.

Uriah M. Levy v. State of Indiana (NFP)
34A04-1402-CR-67
Criminal. Affirms revocation of Levy’s probation.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.S., D.S., and N.S., Minor Children, and Their Father S.S., S.S. v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1051
Juvenile. Affirms juvenile court’s order terminating father’s parental right to his three minor children.

Charles E. Decker v. State of Indiana (NFP)
84A01-1401-CR-19
Criminal. Affirms revocation of Decker’s probation and the trial court’s order that he serve the remaining four years of his sentence in the Indiana Department of Correction.  

Henry Lewis v. State of Indiana (NFP)
49A04-1307-PC-342
Post conviction. Affirms denial of Lewis’s petition for post-conviction relief.

The Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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