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Opinions Jan. 27, 2014

January 27, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Friday.

Annex Books Inc, et al. v. City of Indianapolis
13-1500.
Civil. Reverses District Court order upholding a city of Indianapolis ordinance limiting the hours of adult bookstores to 10 a.m. to midnight, Monday-Saturday. Remands to the District Court with instructions to enter injunction against enforcement of the closure ordinance. Finds that in light of prior Supreme Court jurisprudence, the city cannot restrict the distribution of material that might be objectionable but is not obscene. The city’s argument that the closure ordinance had reduced instances of armed robberies near the bookstore locations was “weak as a statistical matter,” the court ruled.

Indiana Court of Appeals
Frank Jacobs v. State of Indiana
49A04-1304-CR-183
Criminal. Affirmed in part, reversed in part and remanded. Orders trial court to vacate a conviction of Class C felony criminal confinement as double jeopardy to a conviction in the same case of Class B felony criminal deviate conduct.

Quanardel Wells v. State of Indiana
49A02-1306-CR-550
Criminal. Affirms conviction of two counts of Class A felony criminal deviate conduct, one count of Class A felony rape, two counts of Class B felony criminal deviate conduct, one count of Class B felony criminal confinement, one count of Class C felony criminal confinement, and one count of Class D felony strangulation. Wells’ appeal of a denial of his motion to sever the charges from different incidents was a request to reweigh a decision affirming denial the Court of Appeals made on interlocutory appeal, the court ruled. His 100-year sentence was not inappropriate based on Wells’ character and the nature of the offenses.  

Thomas D. Dillman v. State of Indiana
53A04-1306-CR-289
Criminal. Reverses denial of motion to release a cash bond and remands to the trial court for refund of a $250 cash bond. Because Dillman’s bond was posted under I.C. 35-33-8-3.2(a)(1) in 2003, the court was not authorized at that time to retain cash bonds for any purpose. A statutory change in 2006 allowed courts to retain cash bonds for purposes including paying for publicly paid costs of representation, fines, costs, fees or restitution upon conviction.

In Re The Paternity of C.J.A.: G.C. (Mother) v. T.A. (Father)
79A02-1302-JP-137
Juvenile paternity. Reverses portion of trial court’s order that automatically grants father primary custody of minor child if mother failed to move back to Indiana. Finds that order making custody modification automatic violates the state’s child custody modification statute, Indiana Code section 31-14-13-6. Judge Elaine Brown dissents, arguing because the trial court’s order was not a final judgment, the COA did not have jurisdiction over this appeal.

Ruben Rosales v. State of Indiana
48A02-1303-CR-229
Criminal. Affirms conviction for attempted murder, a Class A felony. Rules the trial court’s failure to correctly instruct the jury about accomplice liability was not a fundamental error and the evidence is more than sufficient that Rosales was the principal in an attack that led to the attempted murder charge. Judge Terry Crone dissents arguing the error is fundamental because it is not clear whether the jury convicted Rosales as the principal or as the accomplice.  

Brandon McManomy v. State of Indiana (NFP)
65A01-1302-CR-62
Criminal. Affirms conviction of Class A felony attempted murder.

David D. Darr v. State of Indiana (NFP)
89A04-1307-CR-324
Criminal. Affirms conviction of Class D felony dealing in a sawed-off shotgun.

Daniel Lee Pierce v. State of Indiana (NFP)
78A05-1305-CR-211
Criminal. Reverses conviction on one count of Class A felony child molesting, four counts of Class C felony child molesting, and two counts of Class D felony child molesting, and remands for a new trial. Judge John Baker dissents and would not grant a new trial.

Ventriss R. Hulitt v. State of Indiana (NFP)
45A03-1302-CR-30
Criminal. Affirms conviction of Class A felony child molestation.

In Re: The Marriage of Terri L. Potter and Brent D. Potter: Terri L. Potter v. Brent D. Potter (NFP)
11A01-1304-DR-229
Domestic relation. Affirms denial of mother T.P.’s motion to correct error regarding property division and child support entered in a dissolution of marriage action.

Adam Sullender v. State of Indiana (NFP)
20A05-1308-CR-390
Criminal. Affirms denial of motion to correct erroneous sentence on a conviction of Class C felony battery resulting in serious bodily injury.

Lauren Hurse v. State of Indiana (NFP)
49A02-1307-CR-563
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Nita Trott-Fluty v. State of Indiana (NFP)
82A05-1306-CR-290
Criminal. Affirms conviction of Class D felony and Class A misdemeanor charges of resisting law enforcement and Class B misdemeanor disorderly conduct.

Larry Bobbitt v. State of Indiana (NFP)
71A03-1306-CR-221
Criminal. Affirms conviction of Class B felony burglary, Class D felony possession of marijuana, and the 20-year prison sentence.

Melba Deloris Polk-King v. Lawrence Delorosa King (NFP)
49A05-1305-DR-248
Domestic relation. Affirms in part, reverses in part, and remands for recalculation of child support obligations. Judge John Baker concurs in part and dissents in part and would remand to the trial court for written findings on why it deviated from the child support guidelines.

Clayton Morgan v. State of Indiana (NFP)
48A02-1306-CR-498
Criminal. Affirms revocation of probation.

Nancy Kriel v. Richard Kriel (NFP)
49A04-1304-DR-195
Domestic relation. Affirms trial court denial of Nancy Kriel’s request for an award of incapacity maintenance.

Jeffery Deaton v. State of Indiana (NFP)
79A02-1306-CR-519
Criminal. Affirms conviction and 13-year sentence for Class B felony possession of methamphetamine enhanced by his status as a habitual substance offender.

Laurence F. Myers, Jr. v. State of Indiana (NFP)
45A03-1306-CR-232
Criminal. Affirms 36-month sentence for conviction of Class D felony operating a vehicle as a habitual traffic violator.

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

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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