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Opinions Jan. 26, 2011

January 26, 2011
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7th Circuit Court of Appeals
United States of America v. Ty Brock
10-2385
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress items found in Brock’s car during a checkpoint stop. Because the checkpoint was neither objectively nor subjectively intrusive in any way that would outweigh the government’s interest in operating it, the checkpoint stop didn’t violate his Fourth Amendment rights.

Maurice Gipson v. United States of America
09-2756
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Civil. Reverses summary judgment for the government in Gipson’s suit under the Federal Tort Claims Act complaining about complications of neck surgery because the prison’s medical staff didn’t tell him that he needed to stop taking blood thinners at least five days before the surgery. The medical staff should have told Gipson to stop taking the aspirin, and there is conflicting evidence as to whether he ran out of aspirin more than five days before his operation as the government argues. Remands for further proceedings.

Indiana Supreme Court
Fredrick Michael Baer v. State of Indiana
48S00-0709-PD-362
Death penalty. Affirms denial of post-conviction relief following previous affirmation of Baer’s death sentence for two counts of murder. He did not receive ineffective assistance of trial or appellate counsel, his death sentence doesn’t violate the Eighth Amendment, and the trial judge didn’t error in rejecting his guilty but mentally ill plea.

Indiana Court of Appeals
S.S. v. Review Board
93A02-1006-EX-738
Civil. Affirms dismissal of S.S.’s appeal following the denial of unemployment benefits and the denial of her request for reinstatement of her appeal. S.S. was afforded due process and a reasonable opportunity for a hearing, and there was no error in the review board’s consideration of evidence or in its denial of her request to reinstate her appeal. Judge Brown dissents.

Dan Cristiani Excavating Co. Inc. v. Jeremy Money and Kerri Money
10A05-1002-CT-114
Civil tort. Affirms verdict in favor of the Moneys for injuries sustained by Jeremy in a bulldozer accident. The trial court did not abuse its discretion in denying bifurcation of the trial or in declining to allow the jury to view actual or photographic evidence of the bulldozer involved. Cristiani waived the issue of whether Jeremy’s life-care planner was qualified to testify as an expert and that the weight to be given to her testimony was properly conceded by the jury. Cristiani failed to establish actual personal bias by the trial judge.

A.H. v. State of Indiana
10A05-1003-CR-256
Criminal. Reverses one count of Class B felony incest. The evidence, which included A.H.’s stipulated polygraph, was insufficient to prove this conviction beyond a reasonable doubt. Remands for the trial court to vacate this conviction and accompanying sentence and for further proceedings.

Term. of Parent-Child Rel. of T.T., et al.; A.T. v. I.D.C.S. (NFP)
29A05-1008-JT-475
Juvenile. Affirms termination of parent-child relationship.

Gene Hooks v. State of Indiana (NFP)
82A01-1005-CR-220
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Jonathan R. Dye v. State of Indiana (NFP)
21A01-1004-CR-168
Criminal. Revises sentence following guilty plea to two counts of dealing in a controlled substance, one as a Class B and one as a Class C felony, and remands for a sentence of 10 years with two years suspended.

Christopher West v. State of Indiana (NFP)
21A04-1004-CR-303
Criminal. Affirms West’s convictions of two counts of dealing in cocaine as class B felonies and one count of possession of cocaine as a Class D felony. Reverses the trial court’s imposition of consecutive sentences as to the two dealing convictions. Remands for further proceedings.

Melissa A. (Scales) Crupper v. Charles D. Scales, Jr. (NFP)
87A05-1008-DR-500
Domestic relation. Affirms judgment granting father physical custody of the children.

Tevin Reaves v. State of Indiana (NFP)
71A04-1005-CR-332
Criminal. Affirms conviction of murder but sua sponte vacates the conviction of conspiracy to commit murder and sentence on double jeopardy grounds.

Paternity of T.A.; J.M. v. A.A. (NFP)
28A01-1007-JP-387
Juvenile. Affirms order that J.M.’s minor child should assume the surname of A.A., the child’s mother.

Arthur E. Lott, Jr. v. State of Indiana (NFP)
02A04-1006-CR-383
Criminal. Affirms conviction of Class C felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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