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Opinions Feb. 7, 2013

February 7, 2013
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7th Circuit Court of Appeals
Jurijus Kadamovas v. Michael Stevens, et al.
12-2669
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses dismissal of prisoner Kadamovas’ lawsuit against prison officials and other inmates for unintelligibility. The suit is actually written clearly and not 99 pages as the judge believed, but just 28 pages. Remands for further consideration.

United States of America v. Adolfo Wren and Anthony Moton
12-1565, 12-1580
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano, Judge James T. Moody.
Criminal. Vacates denial of Wren’s and Moton’s request for a sentence reduction for previous crack offenses and remands to the District Court so the judges may exercise the discretion they possess.

United States of America v. Ronald Love
11-2547
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Criminal. Affirms Love’s convictions of distributing crack cocaine and conspiring to distribute crack cocaine. Vacates his sentence and remands for resentencing under the Fair Sentencing Act. Finds evidence was enough to support the jury verdict and to support a two-level sentencing enhancement for being an organizer, leader, manager or supervisor of the conspiracy.

Bernard Hawkins v. United States of America
11-1245
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Civil. Affirms judgment denying the Section 2255 motion authorizing post-conviction alteration of a sentence filed by Hawkins. An erroneous computation of an advisory guidelines sentence is reversible (unless harmless) on direct appeal; it doesn’t follow that it’s reversible years later in a post-conviction proceeding. Judge Rovner dissents.

Indiana Court of Appeals
State of Indiana v. William Coats
49A02-1206-CR-526
Criminal. Affirms denial of state’s motion to commit Coats to the Indiana Division of Mental Health and Addiction. It is clear that Coats’ dementia will progress and there is simply no hope or medical reason to believe that competency will be restored. Judge Riley dissents.

Christina M. Kovats v. State of Indiana
15A01-1205-CR-224
Criminal. Orders the trial court to vacate Kovats’ convictions for Class D felony criminal recklessness and Class D felony OWI and enter a judgment of conviction and concurrent sentence on the lesser-included offense of Class A misdemeanor OWI because those convictions were based on or elevated by the same serious bodily injury. Orders her sentence revised to 15 years on the Class B felony conviction of neglect of a dependent.

Terry Smith v. State of Indiana
49A05-1202-CR-88
Criminal. Affirms convictions of Class B felony robbery, Class B felony possession of a firearm by a serious violent felon, Class D felony auto theft, and Class D felony resisting law enforcement. The trial court did not abuse its discretion in granting the state’s motion to continue so that the state could procure the testimony of a necessary witness. The trial court also did not abuse its discretion in the admission of the evidence regarding the shots fired and casings found, the evidence obtained during the execution of the search warrant, or the DNA evidence obtained from the buccal swab. Lastly, the state presented evidence sufficient to support the trial court’s determination that Smith was a habitual offender.

Christopher Estridge v. State of Indiana (NFP)

15A01-1205-CR-209
Criminal. Affirms revocation of probation.

Kenneth L. Robinson v. State of Indiana (NFP)
49A02-1206-CR-514
Criminal. Affirms conviction of Class C felony possession of cocaine.

Charles Day v. State of Indiana (NFP)
79A04-1206-CR-303
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts as Class C felonies, Class A felony attempted child molesting and Class D felony child solicitation; and affirms sentence of 44 years in the Department of Correction.

Kenny L. Futch v. State of Indiana (NFP)
02A03-1209-CR-381
Criminal. Affirms two convictions of Class B felony dealing in cocaine and two concurrent 17-year sentences with two years suspended to probation on each count.

James Kerner v. State of Indiana (NFP)
49A05-1205-CR-271
Criminal. Affirms conviction of Class A misdemeanor trespass.

Jamie Masterson v. State of Indiana (NFP)
49A02-1206-CR-485
Criminal. Affirms conviction of Class D felony identity deception.

In Re: The Adoption of T.W.: T.J. v. J.B. (NFP)
02A05-1108-AD-451
Adoption. Affirms that consent of father T.J. is not required for adoption of T.W.

Prince Harris v. State of Indiana (NFP)
45A03-1205-CR-232
Criminal. Affirms convictions of murder and robbery.

Larry R. Dean, Jr. v. State of Indiana (NFP)
27A04-1204-PC-174
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Paul Banks v. State of Indiana (NFP)
50A05-1207-CR-343
Criminal. Affirms revocation of probation and order Banks serve his entire previously suspended sentence in the Department of Correction.

In Re: The Paternity of B.H.: S.H. v. B.B. (NFP)
54A01-1208-JP-340
Juvenile. Affirms order modifying father S.H.’s child support obligation based on a determination hearing that the child is incapacitated.

Neff Family Fertilizer, Inc. v. John Jones Chevrolet Buick Cadillac of Salem, Inc. (NFP)
88A05-1207-PL-381
Civil plenary. Affirms entry of summary judgment in favor of John Jones dealership on Neff Family Fertilizer’s suit for damages after Neff canceled its order for a new truck.  

Gregory D. Sutton v. State of Indiana (NFP)
01A02-1210-CR-876
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.

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

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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