Opinions July 31, 2014

July 31, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Wednesday.

United States of America v. William J. Davidson
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
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
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
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

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)
Post conviction. Affirms denial of petition for post-conviction relief.

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

Joshua W. Sanford v. State of Indiana (NFP)
Criminal. Affirms conviction of theft, as a Class D felony.

Ronald Williams v. State of Indiana (NFP)
Criminal. Affirms conviction of murder and executed sentence of 65 years.

Terry Lee Carr v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.

Robert Hubbard v. State of Indiana (NFP)
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)
Criminal. Affirms conviction of Class B misdemeanor public intoxication.  

Mark McCoy v. State of Indiana (NFP)
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.  


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  1. 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?)

  2. 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.

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

  4. 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.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.