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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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