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Opinions July 28, 2014

July 28, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Toni Ball v. City of Indianapolis, et al.
13-1901
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s dismissal of Ball’s wrongful arrest complaints against police and municipal defendants, preserving only a Fourth Amendment claim against a detective that since has been removed to state court. Because the allegations of the complaint did not support Ball’s claims for relief except for her Fourth Amendment claims, the district court properly dismissed and granted judgment on the pleadings of those claims.

Che B. Carter v. Keith Butts
13-2466
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of petition for habeas corpus. Holds that Carter, serving a 90-year sentence on convictions of burglary, robbery, rape and attempted murder, was not sufficiently prejudiced. Finds that the Indiana Supreme Court did not unreasonably conclude that Carter had not met the two-prong ineffective assistance of counsel test established in Strickland v. Washington, 466 U.S. 668 (1984).

Leonard Dewitt v. Corizon, Inc., et al.
13-2930
U.S. District Court for the Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses denial of motions for recruitment of counsel and grant of summary judgment in favor of the defendant and remands so the court may recruit counsel so that  Dewitt can conduct further discovery in order to litigate his deliberate indifference case.

Indiana Court of Appeals
Bobby Alexander v. State of Indiana
49A04-1207-CR-351
Criminal. Reverse one of two convictions for Class B felony aggravated battery. Rules the state incorrectly asserted in the charging information and during closing arguments that Alexander’s actions of shooting at a car created a substantial risk of death. The statute clearly provides that the substantial risk of death must be created by the injury inflicted upon the victim and not by the defendant’s actions. Remands with instructions to enter judgment of conviction for battery as a Class C felony and to resentence accordingly.  

Chad Matthew McClellan v. State of Indiana
29A05-1401-CR-7
Criminal. Affirms conviction of Class C felony battery, holding that the evidence was sufficient for the jury to conclude that a stun gun was a deadly weapon for purposes of the battery with a deadly weapon statute.

Ashley Bell v. State of Indiana
49A02-1312-CR-1026
Criminal. Affirms conviction for Class A misdemeanor possession of marijuana. Finds Bell’s Fourth Amendment rights were not violated by the warrantless patdown search which led to the discovery of 10 baggies of marijuana. Rules that based on precedent, the smell of marijuana gave the police officer probable cause to conduct a patdown search.

J.P. v. G.M. and R.M.
38A02-1311-MI-960
Miscellaneous/grandparent visitation. Reverses order awarding maternal grandparents G.M. and R.M. visitation with their 3-year-old grandchild, finding that father J.P. was prejudiced by the denial of a motion for continuance after learning that grandparents were represented by counsel and he was not. Remands for a new hearing.

Uriah M. Levy v. State of Indiana (NFP)
34A04-1402-CR-67
Criminal. Affirms revocation of Levy’s probation.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.S., D.S., and N.S., Minor Children, and Their Father S.S., S.S. v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1051
Juvenile. Affirms juvenile court’s order terminating father’s parental right to his three minor children.

Charles E. Decker v. State of Indiana (NFP)
84A01-1401-CR-19
Criminal. Affirms revocation of Decker’s probation and the trial court’s order that he serve the remaining four years of his sentence in the Indiana Department of Correction.  

Henry Lewis v. State of Indiana (NFP)
49A04-1307-PC-342
Post conviction. Affirms denial of Lewis’s petition for post-conviction relief.

The Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
 

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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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