ILNews

Opinions Jan. 10, 2014

January 10, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
Julio Cesar Chavarria v. United States of America
11-3549
Criminal. Affirms District Court order dismissing Chavarria’s claim of ineffective assistance of counsel that led to his deportation after conviction of cocaine distribution charges. The panel found the distinction between affirmative misadvice and failure to advise does not evade the non-retroactive ruling of Padilla v. Kentucky, 559 U.S. 356 (2010).

Indiana Court of Appeals
Luis Antonio Palacio v. Raquel Villavicencio (NFP)
49A02-1305-DR-397
Domestic relation. Affirms denial of father’s request to modify child support.

In the Matter of the Termination of Parent-Child Relationship of D.C. & A.R. (Minor Children), and T.R. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1306-JT-291
Juvenile. Affirms termination of parental rights.

In Re the Marriage of James Barnum Gregory v. Ellen Davies Gregory (NFP)
49A05-1305-DR-205
Domestic relation. Affirms in part, reverses in part and remands for recalculation of husband’s child support and educational support obligations.

Patrick Palmer v. State of Indiana (NFP)

03A04-1306-CR-271
Criminal. Affirms 25-year aggregate sentence for convictions of Class C felony battery resulting in serious bodily injury, Class D felony attempted obstruction of justice, Class A misdemeanors invasion of privacy and battery, and a habitual offender enhancement.

James Christian Warner v. State of Indiana (NFP)
03A01-1305-CR-213
Criminal. Affirms 20-year sentence with two years suspended for conviction of Class B felony possession of methamphetamine.
 
Joshua Batchelor v. State of Indiana (NFP)
15A01-1306-CR-259
Criminal. Affirms revocation of probation.

In Re the Termination of Parent-Child Relationship of B.W., A.W., W.S., & U.S., B.W., and J.S. v. Indiana Department of Child Services (NFP)
33A01-1306-JT-270
Juvenile. Affirms termination of parental rights.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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