Opinions July 24, 2012

July 24, 2012
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7th Circuit Court of Appeals
Jeffrey D. Kirkland v. United States of America
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
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)
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)
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)
Post conviction. Affirms denial of petition for post-conviction relief.

Roy L. Streicher v. State of Indiana (NFP)
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)
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)
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)
Civil tort. Affirms judgment on a defense verdict in a medical malpractice action.

Jordan Guess v. State of Indiana (NFP)
Criminal. Affirms denial of motion for jail time credit.

John W. Breedlove v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

Justin Holman v. State of Indiana (NFP)
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)
Criminal. Affirms admittance of hearsay testimony at an evidentiary hearing on a probation violation.

Timothy L. Gabbard v. State of Indiana (NFP)
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)
Domestic relation. Affirms determination of Kincaid’s child support arrearage.

Dwayne Gaines v. State of Indiana (NFP)
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. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon