ILNews

Opinions Aug. 19, 2014

August 19, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT