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Opinions Aug. 15, 2014

August 15, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Randall Ray Fletcher Jr.
12-3104
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms 30-year sentence in prison plus a lifetime of supervised release following a guilty plea to five counts involving child pornography that occurred over a seven-year period. Because his crimes spanned a range of years during which the guidelines for child pornography offenses underwent significant changes, his sentencing posed complex calculations and raised potential constitutional problems. Any errors the court made in calculating the guidelines sentence for Fletcher were harmless.

Friday’s opinions
Indiana Court of Appeals

Dee Ward v. State of Indiana
49A02-1401-CR-25
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor domestic battery. The Confrontation Clause does not apply because victim J.M.’s statements to the treating paramedic and forensic nurse were not testimonial and the evidence is sufficient to prove Ward committed the underlying battery by means of a deadly weapon.

Michael Kevin Mallory v. State of Indiana
20A03-1403-MI-76
Miscellaneous. Reverses denial of Mallory’s petition to expunge his Class D felony conviction records. Because the word “shall” is ordinarily construed as mandatory language, I.C. 35-38-9-3(e) unambiguously requires expungement if all statutory requirements are met. Remands with instructions.

Allison I. (Wagaman) DeCloedt v. Shane C. Wagaman
92A03-1401-DR-39
Domestic relation. Affirms dissolution court’s order denying DeCloedt’s motion to relocate and granting Wagaman’s petition to modify custody and parenting time. It is in the best interests of the child to stay in Indiana with his father and future stepsiblings, both sets of grandparents and cousins living nearby.

In the Matter of: S.A. (Minor Child), Child in Need of Services and M.H. (Father) v. The Indiana Department of Child Services
49A02-1402-JC-74
Juvenile. Reverses order continuing the adjudication of S.A. as a child in need of services. The evidence does not support that court intervention is required for father to meet S.A.’s needs.

In the Matter of the Termination of the Parent-Child Relationship of: D.D. (Minor Child) and B.T. (Mother) and D.D. (Father) v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1027
Juvenile. Affirms termination of parental rights.

Thomas Yoder v. State of Indiana (NFP)
20A03-1401-CR-2
Criminal. Reverses part of the sentencing order that restitution for the victim be ordered through a victim-offender reconciliation program instead of determined by the court. Remands for a restitution hearing.

Terry A. Moore v. State of Indiana (NFP)
49A05-1401-PC-11
Post conviction. Affirms denial of petition for post-conviction relief.

J.E. v. State of Indiana (NFP)
49A02-1312-JV-1053
Juvenile. Affirms adjudication of delinquency based on findings J.E. committed what would be two counts of Class B felony child molesting if committed by an adult.

In Re: The Paternity of R.M.: Laura K. Chivers v. Jeffery L. Marquardt (NFP)
02A05-1310-JP-496
Juvenile. Affirms order modifying custody and parenting time.

Dennis Wireman v. State of Indiana (NFP)
75A03-1312-CR-504
Criminal. Affirms sentence for convictions of three counts of Class D felony illegal possession of a controlled substance, Class D felony illegal possession of a syringe and Class D felony operating a vehicle while intoxicated with a prior conviction.

In the Matter of Q.F. v. State of Indiana (NFP)
03A01-1401-JV-45
Juvenile.  Finds entering true findings of both battery resulting in bodily injury and disorderly conduct violates double jeopardy principles. Remands with instructions to vacate Q.F.’s true finding of disorderly conduct. Affirms true finding of battery resulting in bodily injury.

Marshawn A. Moore v. State of Indiana (NFP)
02A04-1312-CR-623
Criminal. Affirms conviction of Class A felony burglary.

Debb Durbin v. State of Indiana (NFP)
49A02-1312-CR-1043
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Stephen W. McIntyre v. State of Indiana (NFP)
35A02-1402-CR-82
Criminal. Affirms conviction of Class D felony theft.

Darnell M. Rias, Sr. v. State of Indiana (NFP)
45A05-1312-CR-630
Criminal. Remands with instructions to vacate Rias’ conviction for Class D felony failure to register as a sex or violent offender due to double jeopardy principles. Affirms second conviction and sentence for Class D felony failure to register as a sex or violent offender as a Class D felony.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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