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Opinions Feb. 17, 2014

February 17, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
United States of America v. Steven J. Perry
13-2182
U.S. District court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Vacates Perry’s five-year sentence and the additional conditions of supervision imposed by the court in its written judgment. Remands with instructions to sentence Perry to no more than two years imprisonment for his latest violation of supervised release and to determine Perry’s conditions of supervision. The District Court erred in imposing the mandatory five-year term because the version of 18 U.S.C. Section 3583(k) in effect at the time of his initial offense authorized a maximum sentence of only two years.

United States of America v. Tyler Sanders
13-1301
U.S. District court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms 120-month sentence following guilty plea to possessing more than 50 grams of cocaine base with intent to distribute. The exclusionary rule does not apply at sentencing. The District judge did not err in following 18 U.S.C. Section 3661 and considering the evidence found during the search of Sander’s home.

Monday’s opinions
Indiana Court of Appeals

Rakiea McCaskill v. State of Indiana
49A02-1306-CR-480
Criminal. Reverses conviction of Class A misdemeanor intimidation. The state did not provide sufficient evidence to prove beyond a reasonable doubt that McCaskill committed Class A misdemeanor intimidation as charged. The state did produce sufficient evidence that McCaskill committed Class B misdemeanor harassment. Remands to the trial court with instructions to vacate McCaskill’s judgment of conviction for intimidation and to enter a judgment of conviction for McCaskill for Class B misdemeanor harassment.

Northern Indiana Public Service Company v. Edward A. Sloan, Dashawn L. Cole
45A03-1307-SC-254
Small claim. Affirms orders reinstating the driving privileges of Edward Sloan and Dashwan Cole. NIPSCO has not established that the trial court erred as a matter of law when it permitted Sloan and Cole to make installment payments of $50 per month even if the plan would not result in the payment of the judgment in full during the 7-year suspension period. NIPSCO has not made a prima facie showing that equity requires the continued suspension of their driving privileges. NIPSCO waived its argument regarding the trial court’s contacting the BMV by failing to object to that procedure during the hearing.

David Buchanan v. Carol Buchanan (NFP) 
60A01-1304-DR-189
Domestic relation. Affirms property division and valuation of certain property in decree of dissolution.

Aaron M. Fellows v. State of Indiana (NFP)
82A01-1305-CR-244
Criminal. Affirms convictions of Class A felony burglary resulting in bodily injury and Class B felony attempted robbery resulting in bodily injury.

Jose G. Alejandro v. State of Indiana (NFP)
20A03-1306-CR-224
Criminal. Affirms conviction and sentence for attempted murder.

Dominique Brisker v. State of Indiana (NFP)
48A04-1307-CR-337
Criminal. Affirms revocation of probation.

William Mosher v. Haesuk Yi Mosher (NFP)
43A05-1305-GU-286
Guardianship. Affirms dismissal of William Mosher’s petition for guardianship of his incapacitated adult daughter for lack of jurisdiction.

$2,500.00 In Lawful United States Currency, 2002 Chevrolet Avalanche, and 1970 Chevrolet El Camino (Demarco D. Hawkins) v. State of Indiana, et al. (NFP)
82A01-1307-MI-326
Miscellaneous. Reverses order granting forfeiture of the Avalanche and El Camino that were seized when Hawkins was arrested for suspicion of dealing in marijuana.

Sonia Long v. City of Logansport, Building Commissioner (NFP)
09A04-1305-PL-249
Civil plenary. Affirms summary judgment in favor of the city of Logansport requiring Long to comply with a previous order issued by the city to raze a building she owns.

Jason Tye Myers v. Charles R. Deets III, Deets & Kennedy, and Great American Insurance Group (NFP)
79A02-1306-CT-521
Civil tort. Affirms grant of Charles Deets III’s motion to dismiss and grant of Great American Insurance Group’s motion for summary judgment on Myers complaints against them.

Christopher Smith v. State of Indiana (NFP)
49A04-1306-CR-301
Criminal. Affirms convictions of Class B felony burglary, Class B misdemeanor criminal mischief and determination Smith is a habitual offender.

Lori Harrold v. L & D Mailmasters (NFP)
93A02-1306-EX-564
Agency action. Affirms order of the Worker’s Compensation Board denying Harrold’s application for adjustment of her workers’ compensation claim.

James Christian Warner v. State of Indiana (NFP)
03A01-1305-CR-212
Criminal. Affirms conviction of Class C felony attempted inmate fraud.

Barnard Lockett v. State of Indiana (NFP)
49A02-1307-CR-653
Criminal. Affirms revocation of community corrections placement.

Michael R. Jent v. State of Indiana (NFP)
02A05-1304-PC-217
Post conviction. Affirms denial of petition for post-conviction relief.

Travis Smith v. State of Indiana (NFP)
49A05-1307-CR-316
Criminal. Affirms Smith’s convictions of Class B felony failure to stop after an accident resulting in serious bodily injury while intoxicated and Class B misdemeanor failure to stop after an accident resulting in damage to property other than a vehicle, vacates his habitual offender enhancement and remands the case for further proceedings.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals is closed Monday in observance of Presidents Day.

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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