Opinions Aug. 19, 2014

August 19, 2014
Back to TopE-mailPrintBookmark and Share

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.



Sponsored by
Subscribe to Indiana Lawyer
  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.