Opinions July 31, 2013

July 31, 2013
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit and Indiana Supreme Court opinions were released Tuesday after IL deadline:
7th Circuit Court of Appeals

United States of America v. Michael L. Brock
Criminal. Vacates mandatory minimum 15-year sentence for violation of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), for conviction of possession of machineguns. Remands to the U.S. District Court for the Southern District of Indiana for resentencing. The 7th Circuit held that a 7th Circuit decision earlier this year, United States v. Miller, concluded that possession of a sawed-off shotgun was not a violent felony under ACCA and applied the ruling to Brock’s case, holding that he did not qualify for an enhanced sentence the act imposes for violent felonies.  

Indiana Supreme Court
Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O. and Partners in Health
Civil Tort. Reverses trial court’s grant of summary judgment in favor of the defendants’ and remand for further proceedings. Concludes even though the Millers’ attorney sent a check for filing and processing fees after he had filed the complaint, the document was still timely filed. Finds nothing in the Indiana Code that requires fees be submitted before the complaint is considered filed.

Today’s Opinions
7th Circuit Court of Appeals
Sikiru Adeyeye v. Heartland Sweeteners, LLC
Civil/Religious discrimination. Reverses summary judgment in favor of Heartland and remands to the District Court for proceedings, holding that a material issue of fact exists as to whether Sikiru Adeyeye’s rights under Title VII were violated when he was fired after taking time off work to attend his father’s burial rights in Nigeria.  

United States of America v. Terry L. Sabo
Criminal. Affirms denial of motion to suppress evidence that resulted in his plea of guilty to charges of possession with the intent to distribute a controlled substance, possession of a firearm in the furtherance of a drug trafficking crime, and being a convicted felon in possession of a firearm. The court held that Sabo’s action of stepping aside in his trailer after authorities asked if they could come inside implied consent for a search.

Bernard Hawkins v. United States of America
Criminal. Denies petition for rehearing en banc of a petition for resentencing, holding in a 5-4 opinion that a recent 5-4 U.S. Supreme Court ruling in Peugh v. United States, 133 S.Ct. 2707 (2013), did not apply. Peugh held that the ex post facto clause prevents courts from sentencing a defendant based on guidelines promulgated after the commission of a crime if the newer guidelines would result in a sentencing range higher than those in place when a crime was committed. Dissenting judges held that Peugh applies to Hawkins’ case because his sentencing error was a miscarriage of justice that can be petitioned for relief in federal post-conviction proceedings.  

Indiana Court of Appeals
Michael E. Lyons, Ind; Denita L. Lyons, Ind.; Michael E. Lyons and Denita L. Lyons, as Co-personal Rep. of the Estate of Megan Renee Lyons, Deceased v. Richmond Community School Corp.Et Al.
Civil plenary. Clarifies and remands to the trial court for a jury determination on whether, in the exercise of ordinary diligence, Appellants/Plaintiffs Michael and Denita Lyons could have learned of the school corporation’s alleged ‘tortious acts’ prior to July 15, 2009, which was 180 days before the Lyonses filed notice of their claim regarding their daughter’s death.

Bruce Ryan v. State of Indiana

Criminal. Reverses Ryan’s two convictions for Class C felony sexual misconduct with a minor and remands for a new trial. Finds the cumulative effect of the prosecutor’s statements during closing arguments deprived Ryan of a fair trial.  

Don H. Dumont, M.D., v Penny Davis and Nicole Anderson, as Co-Administratrixes of the Estate of Charmitta Jordan, Deceased
Civil tort. Reverses trial court’s order granting Davis and Anderson a new trial in the wrongful death action against Dumont. Finds that the dispute over the testimony given by two expert witnesses is not sufficient grounds to grant a new trial.  

Seth A. Miller v. State of Indiana

Criminal. Affirms in part and reverses in part the judgment of the trial court. Finds the evidence fails to establish the necessary element of an enterprise within the meaning of the statute. Overturns the conviction for corrupt business influence and vacates the sentence of eight years.   

In the Matter of the Involuntary Term. of the Parent-Child Rel. of M.N., Minor Child and his Father, M.D.N. v. Indiana Department of Chiild Services (NFP)
Juvenile. Affirms the juvenile court’s order terminating father’s parental rights to his son, M.N.  

Abdul G. Buridi v. RL BB Financial, LLC (NFP)

Mortgage foreclosure. Affirms denial of Buridi’s motion asking that the summary judgment be set aside because of newly discovered evidence.

Daniel R. Clemans v. State of Indiana (NFP)
Criminal. Affirms conviction of operating a motor vehicle while driving privileges are suspended due to being a habitual traffic violator, a Class D felony.

James W. Baker, Jr. v. State of Indiana (NFP)

Criminal. Affirms sentence for two courts of burglary as Class C felonies. Finds trial court did not abuse its discretion in sentencing Baker to eight years on each of the two counts, all executed, to be served concurrently with each other but consecutively with Baker’s sentences in two other separate cases.

Joshua A. Yenna v. State of Indiana (NFP)
Criminal. Affirms conviction for Class D felony battery.

 In the Matter of the Paternity of C.B., A.B. v. R.B. (NFP)
Juvenile Paternity. Affirms in part and reverses in part the judgment of the trial court. Concludes the trial court’s decisions regarding the calculation of child support were well-supported by its findings and by the evidence. However, finds the trial court erred by granting R.B.’s request to change C.B.’s name because he did not include this request in his written petition to establish paternity.

The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.