ILNews

Opinions Feb. 3, 2012

February 3, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:

Michael B. Adams v. State of Indiana
29S02-1109-CR-542
Criminal. Affirms suspension of Adams’ driver’s license, registration and the ability to register other vehicles following his conviction of possession of marijuana. The state must demonstrate that a defendant made more than an incidental use of a motor vehicle in committing his offense, but once the state makes this showing, then a trial court must order the defendant’s driver’s license, registration and ability to register other vehicles suspended. The court may exercise its discretion only in setting the length of that suspension.

Friday’s opinions

7th Circuit Court of Appeals

Larry Davis v. Kris Ockomon, et al.
10-2589
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the position of senior humane officer for the city of Anderson was a policymaking position and therefore Davis could be dismissed for political reasons. City ordinances authorized the senior humane officer to exercise policymaking discretion.

United States of America v. Gregory G. Eller
10-2465
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms conviction of possession of a firearm in furtherance of a drug-trafficking crime. Rejects Eller’s 18 U.S.C. Section 924(c) void-for-vagueness claim and states there was sufficient evidence to support the conviction.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Elmer J. Bailey v. State of Indiana (NFP)
49A02-1106-CR-487
Criminal. Reverses conviction of Class D felony domestic battery and remands with instructions to enter judgment of conviction for Class B misdemeanor battery and for resentencing.

John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common Council (NFP)
52A02-1106-PL-540
Civil plenary. Affirms trial court finding that no taking occurred by Peru Utilities, the city of Peru and Peru Common Council and decision to not enter a declaratory judgment order as to the rights and obligations of the trust and the defendants with regard to payment of fees.

Roslyn Adkins v. State of Indiana (NFP)
49A02-1107-CR-626
Criminal. Affirms convictions of and sentence for Class C felony battery, enhanced for the use of a deadly weapon.

Jerry Williams v. State of Indiana (NFP)
33A01-1105-CR-209
Criminal. Affirms denial of motion for a new trial.
 

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