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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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