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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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