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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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