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Opinions Dec. 29, 2010

December 29, 2010
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7th Circuit Court of Appeals
USA v. James K. Taylor
U.S. District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
10-2947
Criminal. Affirms sentenced for 64 months’ imprisonment following a guilty plea to possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The sentence was based in part on the District Court’s conclusion that his prior Indiana conviction for Class C felony battery qualified as a “crime of violence” under § 4B1.2(a) of the federal sentencing guidelines, enhancing his recommended base offense level. Taylor argued his battery conviction was not a crime of violence for the purposes of the federal sentencing guidelines.

USA v. Dewayne Cartwright
10-1879
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence
Criminal. Affirms District Court’s denial of Cartwright’s motion to suppress evidence of a firearm in his car. Cartwright was charged with possessing a firearm as a felon under 18 U.S.C. § 922(g)(1). After he entered a conditional guilty plea, he was sentenced to 84 months in prison. Cartwright argued the District Court erred in applying the inevitable discovery doctrine after the District Court determined the firearm would have been inevitably discovered pursuant to an inventory search of the car.

Indiana Supreme Court
National Union Fire Insurance Company of Pittsburgh, et al. v. Standard Fusee Corporation
49S04-1006-CV-318
Civil. Reverses trial court and remands the case for application of Maryland law to be applied to the entire dispute regarding whether the insurance company had a duty to defend Standard Fusee Corporation following discovery of perchlorate contamination at factories that made flares. Concludes that Maryland is the state with the most intimate contacts to the facts and that its law should therefore be applied in this case.

Indiana Court of Appeals
State of Indiana v. Richard J. Laker, Jr.
24A04-0912-CR-736
Criminal. Affirms trial court’s dismissal of the charge that Laker operated a farm tractor while his driver’s license was suspended. Reverses and remands three other charges that relate to Laker’s operation of the farm tractor while intoxicated after a breath test determined his blood alcohol concentration was 0.10. An officer observed Laker hitching the tractor to a car that was in a ditch when Laker told him he planned to use the tractor to tow the car for a friend.

Anthony Mark Sewell v. State of Indiana
73A01-1005-CR-194
Criminal. Dismisses appeal of Sewell’s conviction of Class A misdemeanor battery and Class B misdemeanor criminal mischief. Finds that a handwritten letter from Sewell, received within 30 days of his conviction, was not sufficient because it did not comply with the content requirements for a notice of appeal.

Paternity of P.R. and A.R.; H.B. v. J.R.
36A01-1005-JP-255
Juvenile. Concludes the trial court properly took judicial notice of a protective order that H.B. (mother) obtained against an ex-boyfriend and then considered it in the custody modification proceedings with J.R. (father). H.B. did not request an opportunity to be heard pursuant to Rule 201(e) after the trial court took judicial notice of “records of a court in this state,” which is allowed pursuant to a 2010 amendment to Indiana Evidence Rule 201(b).

State of Indiana v. Robert J. Seidl
19A01-1006-CR-309
Criminal. Reverses and remands trial court’s order granting Seidl’s motion to suppress the state’s evidence against him. In his motion to suppress, Seidl argued that his consent for officers to search his barn was involuntary.

Jeffrey L. Gavin v. Calcars AB, Inc., and Astra Financial, Inc.
49A05-1007-PL-501
Civil. Affirms trial court’s grant of summary judgment in favor of Calcars AB Inc. and Astra Financial Services Inc. on Gavin’s complaint seeking damages under the Wage Payment Statute. The parties dispute whether the Wage Payment Statute or the Wage Claims Statute applied to this wage dispute. Gavin presented a single dispositive issue: whether the trial court erred when it concluded that Gavin’s claims were governed by the Wage Claims Statute and were barred as a matter of law because he did not first file his claims with the Indiana Department of Labor.

Brian J. Woods v. State of Indiana
79A02-1004-CR-418
Criminal. Affirms trial court’s determination that Woods is a habitual offender.

J.B. v. State of Indiana (NFP)
49A05-1005-JV-323
Juvenile. Affirms J.B.’s adjudication as a delinquent child for committing aggravated battery, a Class B felony when committed by an adult.


E-Z Construction Company, Inc. v. Sellersburg Stone Co., Inc. (NFP)
10A01-1002-PL-110
Civil. Affirms award of service charges to the plaintiff in a contract dispute between a plaintiff supplier and defendant prime contractor.

In the Matter of M.M.; S.H. v. Indiana Dept. of Child Services (NFP)
85A02-1006-JC-776
Juvenile. Affirms trial court’s determination that M.M. is a child in need of services.

Leslie J. Edwards v. State of Indiana (NFP)
79A02-1006-CR-758
Criminal. Vacates Edwards’ convictions of felony possession of marijuana and paraphernalia and remands with instructions that the court retry him on those two counts.

Diven Williams v. State of Indiana (NFP)
82A01-1006-CR-286
Criminal. Affirms sentence imposed following convictions of burglary, a Class C felony, and theft, a Class D felony.

William Roberts v. State of Indiana (NFP)
22A05-1002-CR-119
Criminal. Affirms trial court’s denial of Roberts’ motion to set aside his guilty plea.

Kendall Bradbury v. State of Indiana (NFP)
49A05-1004-CR-212
Criminal. Affirms Bradbury’s conviction of invasion of privacy following his arrest for violating a protective order his wife had filed in June 2007 when the couple lived in Kentucky.

Vilma (Struss) Papa v. Nicholas Struss (NFP)
64A03-1008-DR-428
Civil. Reverses and remands trial court’s denial of notice of intent to relocate.

Edward Weaver v. State of Indiana (NFP)
48A02-1004-CR-460
Criminal. Affirms revocation of home detention and probation. Remands for court to clarify its sentencing order due to a conflict between written and oral statements.

Joseph R. Fabre v. State of Indiana (NFP)
48A04-1005-CR-378
Criminal. Affirms aggregate sentence of 11 years following convictions of possession of cocaine, a Class C felony; two counts of possession of cocaine, Class D felonies; and one count of possession of marijuana, a Class A misdemeanor.

Termination of Parent-Child Relationship of N.B.; N.B. v. Indiana Department of Child Services (NFP)
32A01-1007-JT-321
Juvenile. Affirms termination of parental rights. .

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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