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Opinions July 31, 2014

July 31, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Wednesday.

United States of America v. William J. Davidson
14-1158
Criminal. Reverses denial of Davidson’s motion for a reduction of his 30-year sentence under the revised federal guidelines for crack cocaine sentences. Remands for reconsideration of the motion, finding the court erred in equating jointly undertaken criminal activity with conspiracy.

Indiana Court of Appeals
William T. Calvert v. State of Indiana
32A01-1312-CR-535
Criminal. Reversed conviction of illegal consumption of alcohol by a minor, a Class C misdemeanor. Rules the trial court should have granted a continuance rather than try Calvert in absentia. Calvert, a private in the U.S. Army, was denied his constitutional right to be present at his trial because he was on deployment in Afghanistan when his hearing was held. Remands for a new trial.

Linda M. Turner v. Sally A. Kent and Stanley J. Kazlauski
64A05-1310-TR-510
Trust. Affirms summary judgment in favor of apellees-petitioners, concluding that the Indiana Trust Code prohibits incorporation by reference of specific gifts and real property, and therefore, the separate writing bequeathing real property to Kent and Kazlauski is invalid. The real property must be distributed under the equal shares provision of the trust.

State of Indiana v. Chase R. Downey
10A01-1310-CR-432
Criminal. Reverses order setting aside an order to transfer funds seized from a defendant in a felony marijuana possession case. The majority concluded Clark Division One Circuit Court abused its discretion by setting aside the order issued in Clark Division Three Circuit Court, a venue of equal jurisdiction. The majority also ruled Downey’s request that the funds be returned to him is moot because the money was turned over to federal authorities. Dissenting Judge Margret Robb would affirm the order to set aside, noting the motion to transfer funds was filed in Division Three and signed by the Division One judge. She also noted Downey had no notice of the motion before it was ordered, and she disagreed that his request was moot because the money still exists even if not in the state’s immediate possession.

Brookview Properties, LLC and First Merchants Bank of Central Indiana v. Plainfield Plan Commission

32A04-1312-PL-606
Civil plenary. Affirms judgment in favor of the Plainfield Plan Commission. Finds the plan commission’s denial of Brookview’s petition for development of 300-unit apartment complex was not arbitrary or capricious. Rules the plan commission’s findings are supported by substantial evidence and reject’s Brookview’s argument that the commission’s decision constitutes an uncompensated taking in violation of the U.S. and Indiana constitutions.

Marlon D. McKnight v. State of Indiana (NFP)
20A03-1308-PC-333
Post conviction. Affirms denial of petition for post-conviction relief.

Tobin Pettiet v. State of Indiana (NFP)
02A03-1312-CR-510
Criminal. Affirms three-year sentence for pleading guilty to domestic battery, a Class D felony.

Joshua W. Sanford v. State of Indiana (NFP)
82A01-1312-CR-552
Criminal. Affirms conviction of theft, as a Class D felony.

Ronald Williams v. State of Indiana (NFP)
02A03-1311-CR-451
Criminal. Affirms conviction of murder and executed sentence of 65 years.

Terry Lee Carr v. State of Indiana (NFP)
90A05-1311-CR-548
Criminal. Affirms conviction of Class D felony theft.

Robert Hubbard v. State of Indiana (NFP)
02A05-1312-CR-622
Criminal. Affirms six-year aggregate sentence for pleading guilty to Class D felony residential entry and Class D felony invasion of privacy and status as a habitual offender.

Justin Stephens v. State of Indiana (NFP)
49A05-1312-CR-598
Criminal. Affirms conviction of Class B misdemeanor public intoxication.  

Mark McCoy v. State of Indiana (NFP)
49A05-1310-CR-531
Criminal. Affirms convictions for three counts of child molesting, Class A felonies, and one count each for criminal confinement, intimidation, and child molesting, all Class C felonies.

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

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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