Opinions Aug. 19, 2014

August 19, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
United States of America v. Kenneth Jones, Ramone Mockabee, Devon Young and Elisha Drake
11-2267, 11-2288, 11-2535, 11-2687
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms cocaine distribution and other drug convictions of Jones, Drake and Young after a jury trial, but vacates the sentences of Mockabee, who pleaded guilty, Jones and Drake and remands their cases for resentencing.  The trial court did not err in denying Jones’ motion to suppress evidence found at his house after a search warrant was executed. There is sufficient evidence to support their convictions, but there are sentencing errors related to Mockabee, Jones and Drake.

United States of America v. Juan Carlos Adame-Hernandez
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Vacates Adame-Hernandez’s conviction and 300-month sentence under a second guilty plea for criminal drug conspiracy and remands with instructions to allow him to maintain his original guilty plea and be sentenced under the parties’ written plea agreement executed Jan. 3, 2011. Circuit Rule 36 applies on remand. The District Court did not follow the procedures under Rule 11 of the Federal Rules of Criminal Procedure.

Indiana Court of Appeals
In the Matter of the Adoption of M.H., W.M. & S.K. v. N.B. & R.B.
Adoption.  Affirms order denying W.M. and S.K.’s petition for adoption of M.H. and granting the petition of adoption filed by R.B. and N.B. The appellants did not overcome the presumption that the judge acted impartially when he ruled in favor of N.B. and R.B. The judge received an email from a former fraternity brother in favor of the adoptive family, but he refused to recuse himself in the case because he said he would not consider the person’s argument, stopped reading the email quickly, and had not recently socialized or interacted with the fraternity brother. Finds evidence supports adoption by N.B. and R.B. in the best interests of the child.

Lisa B. Gonzalez v. R. Stanton Evans
Domestic relation.  Reverses award of $8,289.33 in attorney fees to Evans. The attorney fees awarded to Evans exceeds the bounds of what is contemplated by Trial Rule 34(C)(3.) There was no reasonable resistance related to Gonzalez’s subpoena by Evans and he was not entitled to any attorney fees related to such resistance. Remands for a determination of how much Evans actually incurred in relation to his compliance with the subpoena, excluding such fees related to his months-long effort to avoid providing the documents to Gonzalez. Finds Gonzalez waived her claim to attorney fees.

Eric T. Shamblin v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class A felony attempted child molesting and finding Shamblin is a sexually violent predator.

Sean D. Monroe v. State of Indiana (NFP)
Criminal. Affirms Monroe’s eight-year sentence following a guilty plea to Class C felony operating a motor vehicle with a controlled substance listed in Schedule I or II in his blood and Class D felony reckless homicide. Remands for the trial court to correct a clerical error in the abstract of judgment.

In the Matter of the Parent Child Relationship of: M.G. (Minor Child), and S.B. (Father) v. Marion County Department of Child Services (NFP)
Juvenile.  Affirms termination of parental rights.



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

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...