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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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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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