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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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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