Opinions Feb. 7, 2013

February 7, 2013
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7th Circuit Court of Appeals
Jurijus Kadamovas v. Michael Stevens, et al.
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
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
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
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
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
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)

Criminal. Affirms revocation of probation.

Kenneth L. Robinson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony possession of cocaine.

Charles Day v. State of Indiana (NFP)
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)
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)
Criminal. Affirms conviction of Class A misdemeanor trespass.

Jamie Masterson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony identity deception.

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

Prince Harris v. State of Indiana (NFP)
Criminal. Affirms convictions of murder and robbery.

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

Anthony Paul Banks v. State of Indiana (NFP)
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)
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)
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)
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. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"