ILNews

Opinions Feb. 17, 2014

February 17, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT