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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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  5. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

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