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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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