Opinions July 11, 2013

July 11, 2013
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7th Circuit Court of Appeals
United States of America v. Danny Harmon
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms convictions of marijuana conspiracy and related offenses and 360-month sentence. A trial continuance did not violate his Sixth Amendment right to a speedy trial and the disclosure of Harmon’s prior drug conviction did not deprive him of a fair trial. The court did not make a mistake in finding Harmon responsible for more than 10,000 kilograms of marijuana.

Indiana Court of Appeals
Lindsay Tatusko v. State of Indiana
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft. Tatusko’s electronic alteration of an authorized tip amount constitutes forgery. She also hasn’t shown she was denied effective assistance of trial counsel.

Kenneth Smith v. State of Indiana

Criminal. Affirms order Smith pay $1,380 in restitution to William Kirkham. The trial court did not err when it allowed the state to present evidence at the restitution hearing of the victim’s actual loss that was not presented during Smith’s theft trial. The trial court also inquired into Smith’s ability to pay restitution.

In the Matter of the Paternity and Maternity of Infant T.
Juvenile. Reverses denial of father M.F.’s request to establish paternity and affirms the denial of surrogate M.F.’s petition to disestablish maternity. Her request is not cognizable so the trial court properly denied it. Indiana law presumes the birth mother is the child’s biological mother. Remands for the trial court to enter an order establishing M.F.’s paternity.

Robert M. Gates v. City of Indianapolis
Ordinance violation. Reverses denial of Gates’ request for a jury trial on three municipal ordinances the city alleges Gates violated. The nature of the underlying substantive claims brought against him is quasi-criminal, and he is entitled to a jury trial under Article I, Section 20 of the Indiana Constitution. Remands with instructions to grant the jury trial request.

Paul Monet Fontaine v. State of Indiana (NFP)

Criminal. Affirms sentence for Class C felony forgery.

Cecilia Kelly v. GEPA Hotel Owner Indianapolis LLC, GEPA Hotel Operator Indianapolis LLC, and Schindler Elevator Corporation (NFP)
Civil tort. Reverses grant of summary judgment in favor of GEPA Hotel Owners Indianapolis, GEPA Hotel Operator and Schindler Elevator Corp. on Kelly’s negligence lawsuit.

David L. Howard v. State of Indiana (NFP)

Post conviction. Affirms denial of petition for post-conviction relief.

Dana L. Smith v. James L. Smith (NFP
Domestic relation. Affirms order denying Dana Smith’s motion to correct error following the entry of the decree dissolving the Smiths’ marriage. Remands with instructions for the trial court to add an exhibit nunc pro tunc and to redistribute the decree to the parties.

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


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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"