Opinions Jan. 3, 2012

January 3, 2012
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
United States v. Jason Smith
Northern District of Indiana, South Bend Division. U.S. Judge Robert Miller, Jr.
Criminal. Affirms District Court’s denial of motion to suppress evidence and motion for acquittal for a man convicted of being a felon in possession of a firearm, possessing crack cocaine with intent to deliver and possessing a firearm in furtherance of a drug transaction. The court rejected arguments that Jason Smith didn’t commit a traffic infraction and that the government constructively amended his indictment about when the traffic stop occurred.

The Indiana Supreme and Indiana Tax Court had issued no opinions by IL deadline.

Indiana Court of Appeals

Steven Jackson v. State of Indiana
Post conviction. Affirms court’s order partially granting a post-conviction relief petition but denying appellant-defendant’s request to accept a proffered agreement in that PCR proceeding. Holds the post-conviction court wasn’t required to accept the requirement because a PCR proceeding isn’t the equivalent of a civil proceeding and the Indiana Supreme Court has said a post-conviction court has final authority in accepting agreements.

Deborah L. Dysert v. Review Board of the Indiana Dept. of Workforce Development and the Indiana Supreme Court (NFP)
Civil. Affirms determination of Review Board of the Indiana Department of Workforce Development that Dubois County Chief Deputy Prosecutor Deborah Dysert’s employer discharged her for just cause.

Robert O. Broyles v. State of Indiana (NFP)
Criminal. Affirms trial court’s aggregate eight-year sentence for a man convicted of voyeurism, child solicitation and sexual misconduct with a minor.

Daniel Minnick v. State of Indiana (NFP)
Criminal. Affirms two misdemeanor drunk driving convictions and a speeding infraction on grounds that sufficient evidence existed and the trial court didn’t violate a defendant’s federal and state rights to confrontation when admitting a breath test instrument into evidence without live testimony from the technician who inspected the device.

Thomas Curry v. State of Indiana (NFP)
Criminal. Affirms a Class C felony burglary conviction on grounds that sufficient evidence existed to support the conviction.

Edward Chandler v. State of Indiana (NFP)
Post conviction. Affirms the denial of a successive petition for post-conviction relief on grounds that the evidence would lead to an opposite conclusion than that reached by the court.


Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...