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Opinions Aug. 19, 2014

August 19, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
United States of America v. Kenneth Jones, Ramone Mockabee, Devon Young and Elisha Drake
11-2267, 11-2288, 11-2535, 11-2687
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms cocaine distribution and other drug convictions of Jones, Drake and Young after a jury trial, but vacates the sentences of Mockabee, who pleaded guilty, Jones and Drake and remands their cases for resentencing.  The trial court did not err in denying Jones’ motion to suppress evidence found at his house after a search warrant was executed. There is sufficient evidence to support their convictions, but there are sentencing errors related to Mockabee, Jones and Drake.

United States of America v. Juan Carlos Adame-Hernandez
12-1268
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Vacates Adame-Hernandez’s conviction and 300-month sentence under a second guilty plea for criminal drug conspiracy and remands with instructions to allow him to maintain his original guilty plea and be sentenced under the parties’ written plea agreement executed Jan. 3, 2011. Circuit Rule 36 applies on remand. The District Court did not follow the procedures under Rule 11 of the Federal Rules of Criminal Procedure.

Indiana Court of Appeals
In the Matter of the Adoption of M.H., W.M. & S.K. v. N.B. & R.B.
82A01-1310-AD-449
Adoption.  Affirms order denying W.M. and S.K.’s petition for adoption of M.H. and granting the petition of adoption filed by R.B. and N.B. The appellants did not overcome the presumption that the judge acted impartially when he ruled in favor of N.B. and R.B. The judge received an email from a former fraternity brother in favor of the adoptive family, but he refused to recuse himself in the case because he said he would not consider the person’s argument, stopped reading the email quickly, and had not recently socialized or interacted with the fraternity brother. Finds evidence supports adoption by N.B. and R.B. in the best interests of the child.

Lisa B. Gonzalez v. R. Stanton Evans
29A02-1311-DR-984
Domestic relation.  Reverses award of $8,289.33 in attorney fees to Evans. The attorney fees awarded to Evans exceeds the bounds of what is contemplated by Trial Rule 34(C)(3.) There was no reasonable resistance related to Gonzalez’s subpoena by Evans and he was not entitled to any attorney fees related to such resistance. Remands for a determination of how much Evans actually incurred in relation to his compliance with the subpoena, excluding such fees related to his months-long effort to avoid providing the documents to Gonzalez. Finds Gonzalez waived her claim to attorney fees.

Eric T. Shamblin v. State of Indiana (NFP)
79A02-1311-CR-994
Criminal.  Affirms conviction of Class A felony attempted child molesting and finding Shamblin is a sexually violent predator.

Sean D. Monroe v. State of Indiana (NFP)
39A01-1401-CR-28
Criminal. Affirms Monroe’s eight-year sentence following a guilty plea to Class C felony operating a motor vehicle with a controlled substance listed in Schedule I or II in his blood and Class D felony reckless homicide. Remands for the trial court to correct a clerical error in the abstract of judgment.

In the Matter of the Parent Child Relationship of: M.G. (Minor Child), and S.B. (Father) v. Marion County Department of Child Services (NFP)
49A02-1312-JT-1028
Juvenile.  Affirms termination of parental rights.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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