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Opinions July 23, 2014

July 23, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Haitham Mohamed
13-2368
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Reverses conviction of knowingly transporting and possessing contraband cigarettes. The District Court erred in denying Mohamed’s motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29.

Wednesday’s opinions
Indiana Court of Appeals

Willie L. Montgomery v. State of Indiana
82A05-1401-CR-34
Criminal. On interlocutory appeal, rejects Montgomery’s challenge of the denial of his motion to dismiss a charge of failure to register as a sex or violent offender in Vanderburgh County because he has already been prosecuted for failing to register in Pike County. The charge in question is not barred under I.C. 35-34-1-4(a)(7) and does not violate double jeopardy principles. Remands for trial.

Joseph Laycock v. Joseph Sliwkowski, M.D.
79A04-1310-CT-521
Civil tort. Affirms summary judgment in favor of Sliwkowski on Laycock’s complaint that the doctor had a duty to see that Laycock obtained proper treatment.  The designated evidence does not establish a genuine issue of material fact on the issue of causation.

Briandre Q. Howard v. State of Indiana (NFP)
02A03-1310-CR-428
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Joseph Chadwick Cole v. State of Indiana (NFP)
69A05-1402-CR-92
Criminal. Affirms revocation of probation.

In Re: the Termination of the Parent-Child Relationship of: S.J. (Minor Child), And D.C. (Father) v. The Indiana Department of Child Services (NFP)
02A04-1312-JT-646
Juvenile. Affirms order terminating parental rights.

Freemond Jordan v. State of Indiana (NFP)
71A04-1310-CR-540
Criminal. Affirms convictions of murder and Class B felony attempted robbery.

Walter J. Bramage v. Discover Bank (NFP)
45A04-1312-CC-636
Civil collection. Affirms summary judgment in favor of Discover Bank.

David Jastrzembski v. State of Indiana (NFP)
71A03-1312-CR-481
Criminal. Affirms conviction of Class D felony check fraud.

Joseph R. Mosley v. State of Indiana (NFP)
87A01-1312-CR-530
Criminal. Affirms sentence following guilty plea to 23 counts of Class D felony theft.

Shannon Goodman v. State of Indiana (NFP)
22A01-1401-CR-5
Criminal. Affirms sentence following guilty plea to Class A felony burglary resulting in bodily injury.

Adam Trusty and Brittany Trusty v. David L. Hood (NFP)
08A05-1309-CC-466
Civil collection. Affirms claim of breach of contract to sell residential real estate against the Trustys.

Delvon Tolbert v. State of Indiana (NFP)
20A05-1310-CR-564
Criminal. Affirms conviction of Class C felony forgery.

Adam Taylor v. State of Indiana (NFP)
49A05-1311-CR-566
Criminal. Affirms denial of Taylor’s motion to suppress evidence seized during a search of his vehicle and his sentence for Class B felony possession of a firearm by a serious violent felon, Class D felony dealing in marijuana, Class D felony possession of a controlled substance and Class A misdemeanor resisting law enforcement.

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

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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