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Opinions July 31, 2013

July 31, 2013
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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
11-3473
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
15S05-1302-CT-91
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
12-3820
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
12-2700
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
11-1245
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.
89A04-1204-PL-159
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

49A02-1211-CR-932
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
45A05-1207-CT-384
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

63A01-1210-CR-475
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)
79A02-1301-JT-21
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)

10A01-1212-MF-580
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)
29A02-1302-CR-289
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)

03A01-1302-CR-49
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)
02A03-1211-CR-499
Criminal. Affirms conviction for Class D felony battery.

 In the Matter of the Paternity of C.B., A.B. v. R.B. (NFP)
54A01-1211-JP-495
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.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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