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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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