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Opinions Dec. 19, 2013

December 19, 2013
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The following 7th Circuit Court of Appeals decision was posted after IL deadline Wednesday:
USA v. Roger Loughry
13-1385
Criminal. Affirms Loughry’s conviction on 16 child-pornography charges after a second trial. Loughry was convicted on the same 16 counts previously, but the 7th Circuit reversed because evidence of “hardcore” pornography that was admitted at the first trial was ruled an abuse of discretion. On appeal of his conviction after the second trial, the 7th Circuit rejected Loughry’s claim that providing jurors during deliberations with images and videos that were admitted into evidence was highly prejudicial.

Thursday’s opinions
Indiana Supreme Court
Tyrice J. Halliburton v. State of Indiana
20S00-1206-LW-560
Life without parole. Affirms murder conviction and sentence of life without parole. The trial court did not err in admitting certain evidence. Concludes the trial court committed no error, let alone fundamental error, by admitting photographs into evidence. Finds the court’s limiting instruction was erroneous, but Halliburton made no claim that the error was fundamental and no such fundamental error occurred.

Scott Speers v. State of Indiana
55S01-1312-CR-841
Criminal. Affirms the trial court did not err by admitting the DNA evidence over Speers’ Confrontation Clause objection. A lab technician involved in a chain of custody of DNA evidence does not have to testify in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.

Indiana Court of Appeals
Brittney Watson v. State of Indiana
71A03-1303-CR-91
Criminal. Affirms murder conviction. Based on the evidence, the jury could have determined beyond a reasonable doubt that Watson either knew or intended that the victim would be killed and acted in concert with Steven and Stephon Rice to accomplish the deed.

In the Matter of the Estate of Stephen T. Hannebaum, Deceased, Renada Fay Hannebaum v. Mary Rebecca Hannebaum and Stephen T. Hannebaum, II, as Personal Representatives of Stephen T. Hannebaum
81A05-1301-ES-17
Estate. Affirms order finding Renada Hannebaum had forfeited her right to inherit from Stephen Hannebaum’s estate. The pieces of evidence, taken together, suggest a continuing behavior that is sufficient to sustain the trial court’s finding of an adulterous relationship between Renada and Doug Wilson in April 2011. The trial court properly found Renada left Stephen permanently rather than temporarily.
 
William Hinesley, III v. State of Indiana
55A05-1302-PC-80
Post conviction. Affirms denial of petition for post-conviction relief from conviction of Class A felony child molesting. The post-conviction court properly determined that Hinesley failed to demonstrate that his counsel’s performance was deficient or prejudicial and his claim of prosecutorial misconduct is unavailable.

Meridian Mutual Insurance Company, n/k/a State Automobile Mutual Insurance Company v. Majestic Block & Supply, Inc., n/k/a Tutewiler Corporation
49A05-1210-PL-533
Civil plenary. Affirms summary judgment for Majestic Block & Supply. Majestic’s coverage was not barred by late notice or known loss, it did not benefit from a double recovery and it was entitled to prejudgment interest. However, State Auto’s arguments are not so frivolous, unreasonable or groundless as to require an award of attorney fees to Majestic.

Dana Companies, LLC v. Chaffee Rentals, a/k/a, Chaffee Rentals and Storage, BRC Rubber Group, Inc., Charles V. Chaffee, Karen J. Chaffee and Clifford Chaffee
92A03-1208-CC-358
Civil collections. Affirms in part, reverses in part and remands. Affirms the trial court rulings that in a contract dispute over industrial pollution cleanup costs that the doctrine of fortuity did not apply in Dana’s complaint against BRC. Dana is entitled to collect damages from BCR, which rented the industrial site Dana formerly owned, but only for the non-PCB contamination caused solely by BRC’s use. Remands to the trial court with orders to reduce the total awards, including prejudgment interest, from $154,632 to $7,383.

Edwin Rwoti v. State of Indiana (NFP)
02A04-1304-CR-181
Criminal. Affirms conviction of Class D felony sexual battery.

Raphael Miles v. State of Indiana (NFP)
82A01-1306-CR-295
Criminal. Affirms denial of motion to correct erroneous sentence.

Maxwell Swisher v. State of Indiana (NFP)
06A04-1304-CR-173
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

In the Matter of: J.C. and A.M.C. (Minor Children), Children in Need of Services, and A.K.C. (Mother) v. Indiana Department of Child Services (NFP)
29A04-1305-JC-216
Juvenile. Affirms J.C.’s designation as a child in need of services but vacates with respect to A.M.C.

T. Kyle Buehner v. Evansville Teachers Federal Credit Union (NFP)
82A01-1302-CC-61
Civil collection. Affirms judgment in favor of the credit union, finding it had authority to seize funds in Buehner’s savings account to satisfy his father’s debt.

In the Matter of the Termination of the Parent-Child Relationship of: D.W., Minor Child, G.W., Father v. Indiana Department of Child Services (NFP)
49A02-1304-JT-333
Juvenile. Affirms involuntary termination of parental rights.

Jeffrey O. Gilstrap v. Michael D. Mount (NFP)
39A01-1303-SC-103
Small claim. Affirms denial of Gilstrap’s motion for relief from judgment.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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