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Opinions July 11, 2013

July 11, 2013
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7th Circuit Court of Appeals
United States of America v. Danny Harmon
12-1502
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
29A04-1208-CR-413
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

49A02-1212-CR-1017
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.
67A05-1301-JP-36
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
49A04-1210-OV-503
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)

45A03-1211-CR-476
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)
49A04-1210-CT-509
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)

46A04-1212-PC-639
Post conviction. Affirms denial of petition for post-conviction relief.

Dana L. Smith v. James L. Smith (NFP
)
49A05-1210-DR-554
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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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