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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. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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