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Opinions Jan. 21, 2014

January 21, 2014
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7th Circuit Court of Appeals
United States of America v. Lovoyne Drain
12-3684
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms above-guidelines sentence for possession of a firearm by a felon. Section 4A1.3(a)(3), like every provision of the sentencing guidelines, is advisory. And the judge did not violate Drain’s right to due process by taking into account his arrest history as part of her evaluation of the sentencing factors under 18 U.S.C. Section 3553(a).

Indiana Supreme Court
American Cold Storage, et al. v. The City of Boonville
87S01-1303-PL-157
Civil plenary. Reverses the decision of the trial court and remands for further proceedings consistent with this opinion. Holds that the land in this case, which comprises the portion of State Road 62 included in the annexed territory, should be considered and counted as a single parcel in determining whether the remonstrating Landowners comprise 65 percent of the owners of the annexed territory.

Indiana Court of Appeals
Michael Weist v. Kristen Dawn and State Farm Insurance Companies
49A02-1306-PL-541
Civil plenary. Affirms summary judgment in favor of State Farm on Weist’s complaint for monetary damages based on the direct action rule. Reverses summary judgment in favor of Dawn and remands for a trier of fact to resolve whether she is equitably estopped from asserting the defense that the statute of limitations bars Weist’s claim.

In the Matter of the Petition for Temporary Protective Order: A.N. v. K.G.
49A04-1212-PO-649
Protective order. Affirms order of contempt in favor of K.G. The trial court did not improperly act as an advocate and therefore did not deny A.N. her due process right to a fair trial before an impartial tribunal. Judge Robb concurs in separate opinion.

Terry Berry v. State of Indiana (NFP)
49A02-1307-CR-583
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Christopher Jethroe v. State of Indiana (NFP)
49A05-1304-CR-155
Criminal. Remands with instructions to the trial court to revise the sentence on the Class C felony dealing in marijuana conviction downward to a term of imprisonment within the range authorized by the Class C felony sentencing statute. Affirms conviction of Class A felony dealing in a controlled substance within 1,000 feet of school property.

Tievon N. Nichols v. State of Indiana (NFP)
20A03-1307-CR-293
Criminal. Affirms aggregate 50-year executed sentence following guilty plea to one count of Class A felony burglary, two counts of Class B felony robbery while armed with a deadly weapon and one count of Class B felony criminal confinement.

Brandon M. Ebeyer v. State of Indiana (NFP)
49A02-1304-CR-372
Criminal. Reverses conviction of Class A misdemeanor criminal trespass.

In the Matter of the Termination of the Parent-Child Relationship of: N.I., the minor child, and K.I., the mother, K.I. v. The Indiana Department of Child Services (NFP)
91A04-1305-JT-244
Juvenile. Affirms involuntary termination of parental rights.

Smita Radhakrishnan v. Access Therapies, Inc. (NFP)
49A02-1303-PL-202
Civil plenary. Reverses award of $32,237.60 in damages plus costs for a breach of contract and remands for further proceedings. Affirms dismissal of Radhakrishnan’s counterclaim requesting attorney fees and costs.

Charles E. Howard v. State of Indiana (NFP)
53A01-1304-CR-164
Criminal. Dismisses appeal of denial of motion to correct error following denial of motion for jail time credit.

Edward Zaragoza v. State of Indiana (NFP)
79A02-1209-CR-744
Criminal. Affirms convictions of Class A felonies murder, conspiracy to commit robbery, conspiracy to commit burglary, attempted robbery and burglary; Class D felonies conspiracy to commit theft and theft; and Class B felony possession of a firearm by a serious violent felon as well as determination Zaragoza is a habitual offender.

Darrell Kirkwood v. State of Indiana (NFP)
31A01-1305-CR-209
Criminal. Affirms revocation of probation and imposition of previously suspended sentence.

VPR Properties, LLC and Purna Veer and Radhika Veer v. Affiliated Foot Care Clinic, PC (NFP)
10A04-1304-PL-177
Civil plenary. Affirms judgment in favor of Affiliated Foot Care Clinic after it filed a breach of contract action against VPR properties.

Timothy J. Padgett v. State of Indiana (NFP)
51A01-1305-CR-228
Criminal. Affirms conviction of Class B felony burglary.

Donald Ware v. State of Indiana (NFP)
49A02-1304-PC-370
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Tax Court posted no opinions by IL deadline.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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