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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. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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