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Opinions April 17, 2012

April 17, 2012
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7th Circuit Court of Appeals
United States of America v. Kimani Lanier Fleming
11-1404
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Fleming’s revised sentence of 480 months imprisonment for convictions of several serious drug and firearm charges. There was no clear error in the District Court’s decision to include routine drug purchases as relevant conduct when it computed his revised sentencing guideline range. Denies Fleming’s implicit request for an expanded certificate of appealability.  

Indiana Tax Court
Utilimaster Corporation v. Indiana Dept. of State Revenue
71T10-1008-TA-43
Tax. Rules Utilimaster’s attorneys are not necessary witnesses pursuant to Professional Conduct Rule 3.7, as information they could testify about can be obtained from Utilimaster employees. The Department of State Revenue has invoked Professional Conduct Rule 3.7 in an attempt to conceal its failure to timely pursue discovery as well as to remove Utilimaster’s attorneys from the case, calling their professionalism into question. The court will not countenance the rule’s abuse as a procedural weapon by invading Utilimaster’s right to counsel of its choice.

Indiana Court of Appeals
Charles Westmoreland v. State of Indiana
49A04-1107-CR-356
Criminal. Reverses denial of motion to suppress marijuana, finding the trial court erred in denying the motion because the officers did not reasonably believe Westmoreland was armed and dangerous. Remands with instructions for the trial court to dismiss the possession of marijuana charge.

Barbara (Rosario) Bessolo v. William I. Rosario
29A02-1108-DR-789
Domestic relation. Affirms finding that Bessolo failed to dismiss the protective order against Rosario as required by the dissolution decree, that she was in contempt, and the award of compensatory damages and attorney fees to Rosario. Reverses the 10-day suspended sentence imposed on Bessolo for future violations of any of the court’s orders. Because Bessolo was aware that she was required to dismiss the protective order but failed to do so and later relied upon it in her dealing with police, the trial court did not err in finding her in contempt.

Trust No. 6011, Lake County Trust Company, Trustee, Simon Beemsterboer, and Victoria J. Beemsterboer v. Heil's Haven Condominiums Homeowners Assn.
43A05-1108-PL-433
Civil plenary. Reverses the portion of paragraph 1 of the judgment that permanently enjoins the Beemsterboers from obstructing the homeowners association’s use of the walkway easement and placing a fence that blocks access to that area, paragraph 2 of the judgment ordering the couple to remove the staircase and repair the sidewalk, and paragraph 3 of the judgment prohibiting the couple from interfering with the reconstructed sidewalk. Affirms paragraph 4 in which the couple was permanently enjoined “from in any fashion interfering with the (association’s) deck.”

Gerald Mayberry v. State of Indiana (NFP)
49A02-1109-CR-879
Criminal. Affirms conviction of Class A misdemeanor interference with reporting a crime and Class B misdemeanor battery.

Jamie E. Green v. State of Indiana (NFP)
49A05-1106-CR-316
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Robbie S. McCain-Ficklin v. State of Indiana (NFP)

27A02-1108-CR-767
Criminal. Affirms conviction of Class D felony battery on McCain-Ficklin’s minor stepson.

Charles Frederick Miller v. State of Indiana (NFP)

41A01-1106-CR-250
Criminal. Affirms conviction of Class D felony auto theft.

John Brooke v. State of Indiana (NFP)
75A05-1106-CR-297
Criminal. Affirms conviction of Class B felony conspiracy to commit armed robbery and 22-year sentence.

The Law Office of Deborah Agard v. Unemployment Insurance Appeals of the Indiana Department of Workforce Development (NFP)
93A02-1107-EX-672
Agency appeal. Affirms finding that the law office owed unemployment insurance tax contributions for an individual the office paid to perform cleaning services at its office and at Kids’ Voice, a nonprofit center where Deborah Agard, the sole proprietor of the law office, serves on the board of directors.

Sterling B. Nelson v. Michelle L. Nelson (NFP)
29A05-1110-DR-533
Domestic relation. Affirms post-dissolution order, in which the trial court imputed $415 in gross weekly income to father during his 12-week period of unemployment and refused to deviate from the Child Support Guidelines.

Manuel Martinez v. State of Indiana (NFP)
57A03-1109-CR-554
Criminal. Affirms restitution order following guilty plea to battery.

Michael M. and Lana S. Ashley, et al. v. Jeffrey and Holly Spaw, et al. (NFP)
02A03-1108-MI-340
Miscellaneous. Affirms trial court’s affirmation of the Indiana Natural Resources Commission’s decision to rule in favor of several back-lot owners in the Long Lake Park subdivision regarding riparian rights.

Indiana Supreme Court had posted no opinions at IL deadline.
 

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

  2. 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

  3. 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

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

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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