Opinions Aug. 11, 2010

August 11, 2010
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7th Circuit Court of Appeals
United States of America v. Eddie Lamar Carlisle
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
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.
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
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)

Criminal. Affirms conviction of Class C felony child solicitation.

Paternity of I.H.; R.P. v. C.H. (NFP)
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)
Criminal. Affirms conviction of murder.

Paternity of C.T.; J.M. v. R.T. (NFP)
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)
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.