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Opinions Aug. 11, 2010

August 11, 2010
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7th Circuit Court of Appeals
United States of America v. Eddie Lamar Carlisle
10-1173
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms denial of motion to suppress. Carlisle didn’t have a privacy interest in the bag he was carrying, which contained drugs and paraphernalia, when police came to the house during a drug sweep. The officers had reasonable suspicion to believe that criminal activity was occurring and that Carlisle was armed and dangerous, thereby making the initial stop proper.

United States of America v. Robert J. Cantrell
09-1856
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms 78-month sentence for committing honest services fraud, using position in public office to steer contracts to a third party in exchange for kickbacks, and other convictions. The honest services fraud counts are not unconstitutionally vague and the judge addressed Cantrell’s arguments for leniency.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mary Beth & Perry Lucas v. U.S. Bank, N.A., et al.
28A01-0910-CV-482
Civil. Reverses denial of the Lucases’ motion for a jury trial on their counterclaims and third-party claims against their mortgage holder and loan servicer. The essential features of the cause are not equitable. Remands with instructions they be granted a jury trial on their legal causes of actions.

D.H. v. State of Indiana
49A05-1002-JV-92
Juvenile. Affirms adjudication for committing what would be Class D felony battery if committed by an adult. The doctrine of transferred intent supports the delinquency finding. Because D.H. admitted he intended to punch the other student, the fact he mistakenly hit his teacher cannot act as a defense.

Brian N. Stearman v. State of Indiana (NFP)

29A02-1002-CR-214
Criminal. Affirms conviction of Class C felony child solicitation.

Paternity of I.H.; R.P. v. C.H. (NFP)
84A04-1004-JP-237
Juvenile. Affirms order finding R.P. to be father of I.H. and requiring father to pay $47 per week in child support plus an arrearage of $7,238.

Devon Sterling v. State of Indiana (NFP)
49A05-0910-CR-606
Criminal. Affirms conviction of murder.

Paternity of C.T.; J.M. v. R.T. (NFP)
33A01-1003-JP-184
Juvenile. Affirms order granting father R.T.’s motion for relief from judgment.

Term. of Parent-Child Rel. of J..; J.L. v. I.D.C.S. (NFP)
34A02-1001-JT-209
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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