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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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