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Opinions June 14, 2013

June 14, 2013
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7th Circuit Court of Appeals
Jason Findlay v. Jonathan Lendermon
12-3881
Civil/excessive use of force. Reverses District Court denial of summary judgment in favor of Deputy Sheriff Jonathan Lendermon, holding that Findlay has not met a burden of proof showing a violation of a clearly established right when Lendermon grabbed his arm to prevent him from picking up a memory card believed to contain surveillance video of Findlay’s admission of trespassing.

Indiana Supreme Court
Robert Bowen v. State of Indiana
08S02-1306-CR-423
Criminal. Affirms Court of Appeals ruling affirming Bowen’s convictions of and 14-year sentence for Class B felony unlawful possession of a firearm by a serious violent felon, Class C felony dealing in a schedule IV controlled substance, Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana. The justices remanded, though, with instructions for the trial court to issue an amended sentencing order that included a reasonably detailed recitation of the trial court’s reasons for imposing a consecutive sentence on a single charge.

Indiana Court of Appeals
Serafin Sanchez v. State of Indiana (NFP)
49A04-1206-CR-318
Criminal. Affirms in a divided opinion the jury convictions of two counts of murder over Sanchez’s insanity defense. Chief Judge Margret Robb dissented, arguing that a jury instruction erroneously raised the burden of proof for the insanity defense from a preponderance of the evidence to beyond a reasonable doubt.

Reggie T. Johnson v. State of Indiana (NFP)
18A04-1211-CR-569
Criminal. Affirms convictions of Class C felony possession of a controlled substance and Class A misdemeanor possession of marijuana.  

Jimmy D. Jones v. State of Indiana (NFP)

49A04-1204-PC-196
Post conviction. Affirms denial of post-conviction relief from convictions of Class A felony attempted murder and carrying a handgun without a license.

Nathan Warren v. State of Indiana (NFP)

03A05-1201-CR-31
Criminal. Affirms convictions of Class C felony stalking, Class D felony stalking, and Class D felony attempted inducement of obstruction of justice. Remands for the trial court to calculate Warren’s credit for time served prior to sentencing.

Larry Robert David, II, as Special Administrator of the Estate of Lisa Marie David, Deceased v. William Kleckner, M.D. (NFP)
49A02-1301-MI-13
Miscellaneous/estate. Affirms grant of summary judgment in favor of William Kleckner, M.D.

Indiana Tax Court issued no opinions by IL deadline Friday.
 

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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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