Opinions Feb. 22, 2011

February 22, 2011
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
United States of America v. Roger D. Slone
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms conviction of conspiracy to distribute marijuana and sentence of 120 months in prison. The search incident to his arrest was reasonable and the vehicle evidence was properly admitted against him.

United States of America v. James Guyton

U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms denial of Guyton’s motion for a sentence reduction. He was sentenced for a crack-cocaine offense before the U.S. Supreme Court held that the sentencing guidelines were advisory, and his applicable guideline range was established on the basis of his career-offender status before he received a substantial assistance departure. Thus, Amendment 706, which left the career-offender guideline unchanged, did not affect his applicable guideline range and he didn’t qualify for a sentence reduction under 18 U.S.C. Section 3582(c)(2).

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Allstate Insurance Company v. Gary R. Love
Civil tort. Affirms the trial court properly denied Allstate’s request to set aside default judgment entered in favor of Love. Love’s counsel did not commit misconduct when he failed to notify Dietrick before seeking default judgment against Allstate because he didn’t know Dietrick represented Allstate on this claim. The trial court’s award of $255,000 to Love was interlocutory and therefore Allstate may still appear and be heard as to the amount of damages resulting from the judgment. Remands for a hearing on the damages award.

Craig Dennis v. Board of Public Safety of Fort Wayne, Indiana
Civil plenary. Reverses order of dismissal of Fort Wayne police officer Dennis’ complaint for judicial review after the Board of Public Safety denied his request for back pay. His indefinite unpaid leave pending the outcome of the criminal charge was a suspension of greater than five days, thus subject to judicial review. The board’s decision became final when it denied Dennis’ request for back pay, such that his complaint for judicial review was timely filed. Remands for further proceedings.

James C. Taylor v. State of Indiana
Criminal. Affirms convictions of and sentence for Class A felony burglary; Class B felony criminal deviate conduct; Class B felony attempted rape; jury verdict he is guilty but mentally ill of a second charge of criminal deviate conduct and of Class D felony sexual battery; and jury determination that he is a habitual offender. The trial court did not abuse its discretion in refusing to give the tendered instruction on residential entry. The state established a foundation for the admission of a letter Taylor wrote to an Allen County judge pursuant to Indiana Rule of Evidence 901 and the court did not abuse its discretion by admitting it.

Keith Hoglund v. State of Indiana
Criminal. Affirms conviction of and sentence for Class A felony child molesting. The trial court did not abuse its discretion in admitting testimony that indirectly vouched for A.H.’s credibility and he was properly sentenced. Judge Darden concurs in result.

State of Indiana v. Andy J. Velasquez, II
Criminal. Affirms there was no abuse of discretion in the giving of a preliminary instruction pursuant to Evidence Rules 105 and 404(b). The trial court erred in excluding the testimony of witnesses under Evidence Rules 802 and 704(b). Double jeopardy principles bar a second trial as Velasquez was acquitted of Class A felony child molesting and Class C felony child molesting.

Paul J. Kocielko v. State of Indiana
Criminal. Grants rehearing and affirms the decision of the trial court in all respects, except the 30-year habitual offender enhancement imposed upon the Class C felony conviction of sexual misconduct with a minor. Instructs the trial court to vacate this enhancement because Kocielko’s Class B felony sentence was so enhanced.

Jamie Escobedo v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Robert D. Neal, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property and Class A misdemeanor resisting law enforcement.

Naugle Gibson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Term. of Parent-Child Rel. of L.S.; A.S. v. IDCS (NFP)
Juvenile. Affirms termination of parent-child relationship.

Gregory Preyer v. State of Indiana (NFP)

Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Larry Burdette (deceased) v. Perlman-Rocque Company (NFP)
Civil. Affirms denial of application for adjustment of claim.

Elizabeth S. Mathias v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Leo Machine & Tool, Inc., et al. v. Gary M. Gerardot (NFP)

Civil plenary. Affirms summary judgment that Geradot had no notice of a defect in the electrical wiring of the premises he owned, and thus did not owe Leo Machine and other appellants a duty to maintain and repair the premises’ electrical system. Affirms denial of the appellants’ motions for sanctions for spoliation of evidence against Geradot.

Anthony McCoy v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony robbery, Class A misdemeanor criminal recklessness and Class A misdemeanor intimidation.

In the Matter of T.R., Alleged to be CHINS; S.S. & R.R. v. IDCS (NFP)
Juvenile. Affirms determination T.R. is a child in need of services. Remands with instructions for the court to issue an amended dispositional order which includes written reasons and findings for the disposition based upon the evidence presented at the fact-finding and dispositional hearings in accordance with Indiana Code Section 31-34-19-10.

Indiana Tax Court had posted no opinions at IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.