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Opinions July 17, 2014

July 17, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Lorenzo Mosley
13-3184
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms revocation of Mosley’s supervised release after judge found Mosley had committed the alleged violations, which included dealing cocaine, and sentence to 21 months in prison. The District Court erred in admitting a hearsay statement without finding there was “good cause,” but the error was harmless.

Thursday’s opinions
Indiana Supreme Court

Gayle Fischer v. Michael and Noel Heymann
49S02-1309-PL-620
Civil plenary. Affirms the award of damages and attorney fees to Fischer after the Heymanns broke their contract to purchase her condo. Affirms the trial court’s refusal to find that Fischer’s only reasonable option to mitigate her damages was to respond to the Heymanns’ demands. The trial court did not err in finding that Fischer should have mitigated her damages by selling the condo for $240,000 in February 2007.

Indiana Court of Appeals
Todd DeWayne Kelly v. State of Indiana
41A01-1311-CR-519
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy. The state presented clear evidence that Kelly indirectly communicated with his ex-wife, who had a protective order against Kelly, when he sent a text to their daughter, who showed it to her mother.

Clyde Davis v. State of Indiana
49A02-1311-CR-938
Criminal. Reverses conviction of Class B misdemeanor public intoxication. There is no evidence Davis was in danger – past or present – at the time of his arrest and the state’s argument that he was in danger of being struck by a car was speculative.

Moran Electric Service, Inc., and Threaded Rod Company, Inc. v. Commissioner, Indiana Department of Environmental Management, City of Indianapolis, Ertel Manufacturing Corp.
49A02-1305-MI-432
Miscellaneous/Rehearing. Affirms original opinion in all respects. The original opinion did not misinterpret the trial court’s role in the environmental action involving Moran, Threaded Rod and Ertel with regard to disbursement of escrowed funds. IDEM cannot perform remedial actions and obtain damages from a party through an administrative order – it must go to court to obtain those.

Carlin Graffenread v. State of Indiana
49A05-1310-CR-499
Criminal. Affirms denial of motion to defer dealing in marijuana charge. The language of Indiana Code Section 35-48-4-12 is clear and unambiguous on its face and does not run afoul of double jeopardy or collateral estoppels protections.

Joseph M. Bell v. State of Indiana (NFP)
20A03-1311-CR-464
Criminal. Affirms conviction of Class A felony attempted dealing in methamphetamine.

Phyllis Roy v. Jerry Gidrewicz (NFP)
45A03-1306-PO-263
Protective order. Affirms trial court’s denial of Roy’s motion to correct error.

Kenneth Ferrell v. State of Indiana (NFP)
49A04-1311-CR-567
Criminal. Affirms conviction of Class D felony residential entry.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Thursday by IL deadline.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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