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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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