ILNews

Opinions Feb. 7, 2013

February 7, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

ADVERTISEMENT