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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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