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Opinions April 12, 2012

April 12, 2012
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7th Circuit Court of Appeals
United States of America v. Jaymie T. Mount
11-2616
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Remands for resentencing after the District Court denied the government’s motion for Mount to receive an additional one-level reduction following his guilty plea, citing Mount’s flight from charges. The additional reduction is mandatory once the government determines that the criteria spelled out in U.S.S.G. Section 3E1.1(b) are satisfied and it makes the necessary motion.

United States of America v. Anthony Raupp
11-2215
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Amends original opinion issued March 9, 2012, in which majority affirmed 100-month sentence and determination Raupp is a career offender. Judge Diane Wood dissents.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
John Morse, M.D. v. Jeffrey Wayne Davis

84A05-1103-CT-140
Civil tort. Affirms judgment against Dr. Morse following a jury trial on Davis’ complaint alleging medical malpractice for failure to diagnose Davis’ colon cancer. The trial court did not abuse its discretion when it excluded from evidence at trial certain expert testimony, a medical record and the testimony of a treating physician and nurse.

Jarrad L. Mastin v. State of Indiana
18A02-1109-CR-890
Criminal. Affirms convictions of and sentences for one count of Class A felony child molesting and two counts of Class B felony child molesting. Mastin did not demonstrate that the trial court’s evidentiary rulings denied him a fair trial. There is sufficient evidence from which the jury could conclude he committed child molesting by sexual intercourse.

H.V. and O.P. v. Indiana Department of Child Services (NFP)
02A05-1108-JT-506
Juvenile. Affirms termination of parental rights.

Robert E. Stanley v. State of Indiana (NFP)

18A02-1109-CR-834
Criminal. Affirms conviction of Class D felony home improvement fraud.

Gary Anderson Proby v. State of Indiana (NFP)
71A05-1110-CR-522
Criminal. Affirms conviction of Class B felony burglary.

Johnny Lee Gibson v. State of Indiana (NFP)
45A04-1109-CR-494
Criminal. Affirms sentence following guilty plea to Class B felony rape.

D.H. v. State of Indiana (NFP)
49A04-1110-JV-533
Juvenile. Affirms adjudication for committing what would be Class C felony intimidation and two acts that would have been Class B misdemeanor possession of a knife on school property, if committed by an adult.

Jason Haste and Jamie R. Haste v. State of Indiana (NFP)
20A05-1107-CR-364
Criminal. Affirms the Hastes’ convictions of and sentences for maintaining a common nuisance and possession of marijuana as Class D felonies, but vacates their convictions of Class A misdemeanor possession of marijuana due to double jeopardy violations.

Joseph Adams v. State of Indiana (NFP)
33A04-1110-CR-562
Criminal. Affirms sentence for Class B misdemeanor criminal mischief and the revocation of Adams’ probation.

David Paul Burns v. State of Indiana (NFP)
45A03-1108-CR-364
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.

Rodney W. Robinson v. Arthur Cashwell & Roxie Battle (NFP)
45A03-1107-SC-351
Small claim. Affirms judgment against Robinson and in favor of Cashwell and Battle on Robinson’s claim that the defendants had his truck improperly towed.
 

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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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