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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
12-1268
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.
82A01-1310-AD-449
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
29A02-1311-DR-984
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)
79A02-1311-CR-994
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)
39A01-1401-CR-28
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)
49A02-1312-JT-1028
Juvenile.  Affirms termination of parental rights.

 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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