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Opinions Jan. 31, 2014

January 31, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.

United States of America v. Scott Adkins 
12-3738, 12-3739
U.S. District Court for the Northern District of Indiana, Hammond Division. Chief Judge Philip P. Simon.
Criminal. Affirms conviction of attempting to possess heroin with intent to distribute and being a felon in possession of a firearm. Rejects Adkins’ claim he is entitled to a new trial on these charges due to alleged errors regarding evidentiary decisions, jury instructions and improper statements by the government. Vacates guilty plea to receipt of child pornography because one special condition of his supervised release – that he “shall not view or listen to any pornography or sexually stimulating material or sexually oriented material or patronize locations where such material is available” – is unconstitutionally vague and overbroad. Remands on this ground alone.  

Friday’s opinions
7th Circuit Court of Appeals

United States of America v. Timothy L. Richards
12-3763
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms convictions of possession of a controlled substance with intent to distribute, maintaining a residence or place for the purpose of using and distributing controlled substances, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. There was no error in allowing the government to introduce seized evidence, finding Richards’ 86-year-old uncle had authority to consent to a search of the bedroom where Richards stayed.

Indiana Court of Appeals
T.G. v. State of Indiana
49A05-1305-JV-238
Juvenile. Affirms adjudication that T.G. committed what would be Class C felony child molesting if committed by an adult. The evidence is sufficient and the statute is not unconstitutionally vague as applied to him.

William E. Boehringer, Cleo A. Boehringer, and the Cleo A. Boehringer Trust v. Gregory J. Weber and Susan M. Weber
29A05-1303-PL-154
Civil plenary. Affirms denial of the Boehringers’ summary judgment claim and $425,000 jury award to the Webers. The Boehringers sued the Webers after discovering mold in the house they purchased from the Webers. The Webers counterclaimed for costs and reasonable attorney fees for defending the complaint. The designated evidence does not establish that the Webers actually knew of the presence of hazardous mold in the house when they executed the sales disclosure.

Rashard Ranson v. State of Indiana (NFP)
49A04-1307-CR-329
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Christopher Wood v. State of Indiana (NFP)
33A01-1310-MI-430
Miscellaneous. Affirms denial of habeas corpus petition alleging that Wood was erroneously denied 49 days of presentencing credit time.

Rolando Guzman v. State of Indiana (NFP)
02A04-1309-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.

Joshua Gillespie v. State of Indiana (NFP)
27A02-1304-CR-374
Criminal. Affirms convictions of Class B felony burglary and Class C felony robbery.

Matthew Dante Bennett v. State of Indiana (NFP)
18A02-1306-CR-515
Criminal. Affirms convictions of Class B felony aggravated battery, Class B felony armed robbery and Class D felony auto theft.

Donald A. Wood v. State of Indiana (NFP)
15A01-1306-CR-288
Criminal. Affirms order revoking probation and order that Wood serve six years of his previously suspended sentence.

Sharniece Crump v. Claystone at the Crossing (NFP)
79A02-1308-SC-674
Small claim. Affirms small claims court’s decision to uphold the eviction of Crump.

Christian D. Reyes v. State of Indiana (NFP)
57A03-1305-CR-176
Criminal. Affirms sentence for Class B felony burglary.

Juan Q. Beamon v. State of Indiana (NFP)
49A02-1307-CR-599
Crimimal. Affirms sentence for Class C felony sexual misconduct with a minor and adjudication as a habitual offender.

Cameron Mayfield v. State of Indiana (NFP)
49A02-1306-CR-500
Criminal. Affirms conviction of Class C felony battery on a pregnant woman.

A.S.B. v. State of Indiana (NFP)
29A02-1307-JV-665
Juvenile. Affirms modification of dispositional decree.

Marcus Jones v. State of Indiana (NFP)
48A04-1305-CR-251
Criminal. Affirms revocation of probation.  

T.G. v. State of Indiana
49A05-1305-JV-238
Juvenile. Affirms adjudication that T.G. committed what would be Class C felony child molesting if committed by an adult. The evidence is sufficient and the statute is not unconstitutionally vague as applied to him.

Marcus Minor v. State of Indiana (NFP)
49A05-1306-CR-301
Criminal. Vacates conviction for Class A misdemeanor resisting law enforcement.

Nathan Allen Kline v. State of Indiana (NFP)
35A02-1307-CR-573
Criminal. Vacates conviction and sentence for Class D felony operating an illegal drug lab. Affirms Kline was not denied effective assistance of trial counsel and affirms conviction and sentence for Class B felony dealing in methamphetamine.

In Re: The Marriage of Mikiko Hige v. Christopher L. Glick (NFP)
79A02-1303-DR-274
Domestic relation. Affirms dissolution of marriage.

In the Matter of the Term. of the Parent-Child Rel. of Mi.S. & M.W. (Minor Children), and M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1306-JT-282
Juvenile tort. Affirms termination of parental rights to two of mother’s six children.

Allan Kirkley v. State of Indiana (NFP)
28A04-1307-CR-362
Criminal. Affirms conviction and sentence for two counts of Class C felony child molesting.

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

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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