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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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