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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. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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