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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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