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Opinions April 15, 2014

April 15, 2014
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7th Circuit Court of Appeals
United States of America v. Marcus Henderson
13-2483
Criminal. Affirms denial of motion to suppress and conviction of being a drug user in possession of firearms in violation of 18 U.S.C. Section 922(g)(3). Rejects Henderson’s argument that the firearms were discovered pursuant to an unconstitutional search because the protective sweep of his home was unreasonable. The record is replete with specific and articulable facts which the SWAT officers reasonably relied upon to conclude that the officers or others faced a dangerous situation without a protective sweep of his house.

Indiana Court of Appeals
Lucas H. Jackson v. State of Indiana
62A04-1311-CR-563
Criminal. Reverses revocation of probation. The trial court abused its discretion by revoking the probation because it could not determine, by a preponderance of the evidence, that Jackson had actually committed a new criminal offense.

Tammy Carter v. State of Indiana (NFP)
49A02-1309-CR-752
Criminal. Affirms conviction of two counts of Class D felony neglect of a dependent.  

Edrece Bryant v. State of Indiana (NFP)
49A02-1309-CR-806
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor domestic battery.

Antrone Crockett v. Clair Barnes and Mark Sevier (NFP)
52A05-1306-PL-304
Civil plenary. Affirms summary judgment in favor of Barnes and Sevier on inmate Crockett’s claim that the defendants denied him access to the courts.

Patricia Leslie v. Liberty Dialysis, Inc., Liberty Dialysis-Lebanon, LLC., Witham Memorial Hospital, and NLMP, Inc. (NFP)
06A01-1309-CT-400
Civil tort. Affirms in part, reverses in part and remands. Because the designated evidence supports a reasonable inference that Leslie slipped on ice, the grant of summary judgment for Liberty was improper. As for Witham and NLMP, however, Leslie has made no argument that they were not entitled to summary judgment on the alternate theories relating to immunity and lack of duty. In the absence of any such argument, she has not established that the entry of summary judgment for Witham and NLMP was improper.

Mark Conner v. State of Indiana (NFP)
33A01-1308-CR-355
Criminal. Affirms convictions of Class D felony theft and Class B misdemeanor criminal mischief and the finding Conner is a habitual offender. Remands for trial court to correct the sentencing order and abstract of judgment.

Lloyd W. Mezick v. State of Indiana (NFP)
48A02-1307-CR-649
Criminal. Affirms revocation of placement in a community corrections program.

Regina Choice v. State of Indiana (NFP)
02A03-1306-CR-227
Criminal. Affirms two-year sentence for Class D felony theft.

Kenton T. Winder v. State of Indiana (NFP)
10A04-1309-CR-461
Criminal. Affirms sentence for Class B felonies robbery and criminal confinement as well as Class A misdemeanor carrying a handgun without a license. Remands with instructions to correct the abstract of judgment.

Jason R. Barton v. State of Indiana (NFP)
02A05-1307-CR-355
Criminal. Affirms denial of motion for immediate discharge from unlawful and illegal imprisonment.

The Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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