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Opinions Dec. 21, 2010

December 21, 2010
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7th Circuit Court of Appeals
United States of America v. Lawrence Taylor

10-1304
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Taylor’s sentences for bank robbery and for violating terms of his supervised release relating to an earlier bank robbery conviction, but orders a limited remand. The District Court erred by treating the policy statement recommendation in U.S.S.G. Section 7B1.3(f) as mandating consecutive sentencing for Taylor’s 2008 bank robbery case and his supervised release case.

Indiana Supreme Court
Anthony D. Delarosa v. State of Indiana
29S00-0911-CR-531
Criminal. On direct appeal, affirms convictions of and sentences of life without parole and one fifty-year sentence for two counts of murder and one count of conspiracy to commit murder.

Indiana Court of Appeals
James McGraw v. State of Indiana
49A04-1004-CR-238
Criminal. Affirms denial of motion to withdraw guilty plea to Class B felony dealing in cocaine. McGraw didn’t establish the withdrawal of his plea is necessary to correct a manifest injustice.

Sherene M. Poling v. State of Indiana
90A05-1006-CR-421
Criminal. Affirms conviction of Class D felony theft. The trial court didn’t abuse its discretion by refusing to instruct the jury on criminal conversion because there was no serious evidentiary dispute regarding Poling’s intent to deprive the store of the cigarettes’ value or use. She waived her claim of prosecutorial misconduct and could not show fundamental error.

Paternity of D.L.; C.L. v. Y.B.
88A01-1002-JP-224
Juvenile. Reverses denial of C.L.’s request to be relieved from paying a child support arrearage because a paternity test showed he isn’t D.L.’s biological father. Because C.L.’s paternity was vacated due to mistake of fact, his child support and any arrearage must be terminated. Remands with instructions.

James Williams v. State of Indiana (NFP)
49A02-1002-PC-365
Post conviction. Affirms denial of petition for post-conviction relief.

James Ross v. State of Indiana (NFP)
49A04-0912-CR-710
Criminal. Affirms revocation of probation. Remands for determination of whether Ross is entitled to jail time credit.

Tyrone L. Townsell v. State of Indiana (NFP)
89A01-1005-CR-232
Criminal. Affirms conviction of Class D felony possession of marijuana.

Douglas N. White v. State of Indiana (NFP)
48A05-1004-CR-317
Criminal. Affirms revocation of probation and imposition of entire suspended sentence.

Ryan Rogers v. State of Indiana (NFP)
79A05-1005-CR-265
Criminal. Affirms conviction of neglect of a dependent as a Class B felony.

Christopher M. Sutton v. State of Indiana (NFP)
01A05-1002-CR-75
Criminal. Affirms conviction of Class A felony child molesting.

Arenzo Richmond v. State of Indiana (NFP)
49A02-1004-CR-449
Criminal. Affirms convictions of and sentences for confinement, robbery, and attempted robbery, all as Class B felonies. Remands for the trial court to amend the abstract of judgment. Judge Barnes dissents in part.

Rodney Roscoe v. State of Indiana (NFP)
49A02-1004-CR-456
Criminal. Affirms convictions of operating a vehicle while intoxicated as a Class A misdemeanor and driving while suspended as a Class A misdemeanor.

D.B. v. State of Indiana (NFP)
49A04-1004-JV-294
Juvenile. Affirms adjudication as a delinquent for committing what would be Class C felony child molesting, Class A misdemeanor resisting law enforcement, and Class B misdemeanor criminal mischief if committed by an adult.

Chretien Arnold v. State of Indiana (NFP)
45A03-1004-CR-210
Criminal. Affirms convictions of two counts of Class B felony robbery.

Walter Angermeier, et al. v. Indiana Farmers Mutual Ins. Group (NFP)
65A04-1004-PL-230
Civil plenary. Affirms summary judgment for Indiana Farmers Mutual Insurance Group in Angermeier’s suit that it breached its duty to deal with Angermeier in good faith.  

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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