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Opinions July 24, 2012

July 24, 2012
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7th Circuit Court of Appeals
Jeffrey D. Kirkland v. United States of America
11-2507
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Reverses District Court’s conclusion that an enhancement of Kirkland’s sentence under the Armed Criminal Career Act was still appropriate based on his remaining three convictions for violent felonies. Court may only consider Shepard-approved sources in determining whether prior offenses occurred on separate occasions under 18 U.S.C. Section 924(e)(1). Based on the record, the appellate court can’t conclude that Kirkland’s robbery and burglary offenses – which were on the same day – occurred on separate occasions. Remands for resentencing.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Kelvin T. Brown v. Indianapolis Housing Agency
49A05-1111-CT-648
Civil tort. Affirms summary judgment for IHA on Brown’s lawsuit for malicious prosecution and intentional infliction of emotional distress. The IHA had a qualified privilege to report Brown’s suspected criminal conduct. The evidence does not show that the privilege was abused, and the privilege bars his claims.

Keith Crawford v. State of Indiana (NFP)
49A04-1112-CR-648
Criminal. Affirms sentence for Class A felony dealing in cocaine.

Evonne Carrillo v. Review Board of the Ind. Dept. of Workforce Development and Skozen & Skozen, LLP (NFP)
93A02-1108-EX-794
Agency appeal. Affirms the review board’s decision that Carrillo was discharged from her job for just cause was reasonable.

Latine Davidson v. State of Indiana (NFP)
10A04-1112-PC-695
Post conviction. Affirms denial of petition for post-conviction relief.

Roy L. Streicher v. State of Indiana (NFP)
69A05-1111-CR-603
Criminal. Remands with instructions to vacate the Class C misdemeanor operating a vehicle while intoxicated conviction, and affirms sentence for Class D felony operating a vehicle while intoxicated with a previous operating while intoxicated conviction within the last five years and Class A misdemeanor domestic battery with injury.

Asa G. Wisler v. State of Indiana (NFP)
27A05-1109-CR-492
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with an ACE of 0.08 or more.

Alan Weir v. State of Indiana (NFP)
49A04-1201-CR-22
Criminal. Affirms trial court order Weir serve the balance of his home detention sentence and his previously suspended 2-year sentence in the Department of Correction.

Larry Edward Ruble, Jr., Individually and as Administrator of the Estate of Natasha Ruble, Deceased v. Lori Thompson, M.D. (NFP)
53A05-1109-CT-488
Civil tort. Affirms judgment on a defense verdict in a medical malpractice action.

Jordan Guess v. State of Indiana (NFP)
84A01-1112-CR-620
Criminal. Affirms denial of motion for jail time credit.

John W. Breedlove v. State of Indiana (NFP)
09A02-1111-CR-1116
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

Justin Holman v. State of Indiana (NFP)
49A02-1112-CR-1138
Criminal. Affirms convictions of two counts of Class B felony robbery and one count of Class A misdemeanor carrying a handgun without a license.

Jeffrey Scott Brooks v. State of Indiana (NFP)
48A02-1111-CR-1095
Criminal. Affirms admittance of hearsay testimony at an evidentiary hearing on a probation violation.

Timothy L. Gabbard v. State of Indiana (NFP)
34A02-1112-CR-1174
Criminal. Affirms sentence imposed following guilty plea to receiving stolen property and admitting to violating probation for the third time.

Chanda Banner v. Charles Kincaid (NFP)
82A05-1202-DR-93
Domestic relation. Affirms determination of Kincaid’s child support arrearage.

Dwayne Gaines v. State of Indiana (NFP)
49A02-1201-CR-12
Criminal. Reverses conviction of Class C misdemeanor indecent exposure and remands with instructions to vacate. Affirms conviction of Class D felony criminal confinement.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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