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Opinions April 7, 2011

April 7, 2011
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7th Circuit Court of Appeals
United States of America v. Jeffrey P. Taylor
10-2715
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Reverses conviction of and 10-year sentence for violating 18 U.S.C. Section 2422(b), which deals with knowingly persuading or enticing someone under 18 to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so. The section is ambiguous and sexual activity and sexual act could be synonyms and therefore require contact between the perpetrator and victim for a conviction. Remands with instructions to acquit Taylor. Judge Manion concurs in a separate opinion.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Carol Cutter, et al. v. Geneva Herbst, personal representative of the Estate of Jeffry A. Herbst, deceased
49A04-1006-PL-343
Civil plenary. Affirms order on Herbst’s motion to correct errors, awarding the estate $750,000 in damages following a calculation of pre-negligence and post-negligence survival chances. The estate did not waive the pre-negligence versus post-negligence survival argument. The evidence shows that Jeffry’s primary care physician’s and the hospital’s medical negligence significantly decreased his chances for survival. Affirms trial court determination that Jeffry’s post-negligence chance of survival was 10 percent, not 0 percent as the estate argued. Chief Judge Robb dissents.

Stephen Harvey v. State of Indiana (NFP)
92A03-1008-PC-469
Post conviction. Affirms denial of petition for post-conviction relief.

Brian Redd v. State of Indiana (NFP)
02A03-1010-CR-533
Criminal. Affirms conviction of Class C felony child molesting.

Michael L. Yates v. State of Indiana (NFP)
34A04-1010-CR-606
Criminal. Affirms conviction of and sentence for Class B felony attempted armed robbery.

Joseph Munden v. State of Indiana (NFP)
49A04-1009-CR-534
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Jacob M. Jones v. State of Indiana (NFP)
49A02-1009-CR-959
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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