Opinions April 12, 2012

April 12, 2012
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7th Circuit Court of Appeals
United States of America v. Jaymie T. Mount
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
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

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
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)
Juvenile. Affirms termination of parental rights.

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

Criminal. Affirms conviction of Class D felony home improvement fraud.

Gary Anderson Proby v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary.

Johnny Lee Gibson v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony rape.

D.H. v. State of Indiana (NFP)
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)
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)
Criminal. Affirms sentence for Class B misdemeanor criminal mischief and the revocation of Adams’ probation.

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

Rodney W. Robinson v. Arthur Cashwell & Roxie Battle (NFP)
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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