ILNews

Opinions July 31, 2014

July 31, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Wednesday.

United States of America v. William J. Davidson
14-1158
Criminal. Reverses denial of Davidson’s motion for a reduction of his 30-year sentence under the revised federal guidelines for crack cocaine sentences. Remands for reconsideration of the motion, finding the court erred in equating jointly undertaken criminal activity with conspiracy.

Indiana Court of Appeals
William T. Calvert v. State of Indiana
32A01-1312-CR-535
Criminal. Reversed conviction of illegal consumption of alcohol by a minor, a Class C misdemeanor. Rules the trial court should have granted a continuance rather than try Calvert in absentia. Calvert, a private in the U.S. Army, was denied his constitutional right to be present at his trial because he was on deployment in Afghanistan when his hearing was held. Remands for a new trial.

Linda M. Turner v. Sally A. Kent and Stanley J. Kazlauski
64A05-1310-TR-510
Trust. Affirms summary judgment in favor of apellees-petitioners, concluding that the Indiana Trust Code prohibits incorporation by reference of specific gifts and real property, and therefore, the separate writing bequeathing real property to Kent and Kazlauski is invalid. The real property must be distributed under the equal shares provision of the trust.

State of Indiana v. Chase R. Downey
10A01-1310-CR-432
Criminal. Reverses order setting aside an order to transfer funds seized from a defendant in a felony marijuana possession case. The majority concluded Clark Division One Circuit Court abused its discretion by setting aside the order issued in Clark Division Three Circuit Court, a venue of equal jurisdiction. The majority also ruled Downey’s request that the funds be returned to him is moot because the money was turned over to federal authorities. Dissenting Judge Margret Robb would affirm the order to set aside, noting the motion to transfer funds was filed in Division Three and signed by the Division One judge. She also noted Downey had no notice of the motion before it was ordered, and she disagreed that his request was moot because the money still exists even if not in the state’s immediate possession.

Brookview Properties, LLC and First Merchants Bank of Central Indiana v. Plainfield Plan Commission

32A04-1312-PL-606
Civil plenary. Affirms judgment in favor of the Plainfield Plan Commission. Finds the plan commission’s denial of Brookview’s petition for development of 300-unit apartment complex was not arbitrary or capricious. Rules the plan commission’s findings are supported by substantial evidence and reject’s Brookview’s argument that the commission’s decision constitutes an uncompensated taking in violation of the U.S. and Indiana constitutions.

Marlon D. McKnight v. State of Indiana (NFP)
20A03-1308-PC-333
Post conviction. Affirms denial of petition for post-conviction relief.

Tobin Pettiet v. State of Indiana (NFP)
02A03-1312-CR-510
Criminal. Affirms three-year sentence for pleading guilty to domestic battery, a Class D felony.

Joshua W. Sanford v. State of Indiana (NFP)
82A01-1312-CR-552
Criminal. Affirms conviction of theft, as a Class D felony.

Ronald Williams v. State of Indiana (NFP)
02A03-1311-CR-451
Criminal. Affirms conviction of murder and executed sentence of 65 years.

Terry Lee Carr v. State of Indiana (NFP)
90A05-1311-CR-548
Criminal. Affirms conviction of Class D felony theft.

Robert Hubbard v. State of Indiana (NFP)
02A05-1312-CR-622
Criminal. Affirms six-year aggregate sentence for pleading guilty to Class D felony residential entry and Class D felony invasion of privacy and status as a habitual offender.

Justin Stephens v. State of Indiana (NFP)
49A05-1312-CR-598
Criminal. Affirms conviction of Class B misdemeanor public intoxication.  

Mark McCoy v. State of Indiana (NFP)
49A05-1310-CR-531
Criminal. Affirms convictions for three counts of child molesting, Class A felonies, and one count each for criminal confinement, intimidation, and child molesting, all Class C felonies.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.  
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT