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Opinions June 18, 2014

June 18, 2014
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7th Circuit Court of Appeals
Gabriel V. Mendoza v. United States of America
13-3195, 13-3196
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Mendoza’s petition for relief from his drug convictions. He was not deprived due process when an interpreter relocated her position in the courtroom to translate for a witness nor was he provided ineffective assistance of counsel.

Indiana Court of Appeals
George Patrick v. Keith Butts, Superintendent, State of Indiana and Indiana Parole Board
33A04-1311-MI-577
Miscellaneous. Affirms denial of Patrick’s petition for a writ of habeas corpus. The order that Patrick participate in the Sex Offender Management and Monitoring program does not violate the ex post facto clause of the Indiana Constitution.

Michael Torres v. State of Indiana
49A02-1308-CR-727
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license. There was no fundamental error when the chief forensic pathologist testified as an expert witness instead of the doctor who performed the autopsy, who had left the state by the time Torres’ trial began. Torres’ right to confrontation was not violated. Judge Kirsch dissents and would remand for a new trial.

Wells Fargo Bank, N.A. v. Edward P. Dechert, Trustee of the Bankruptcy Estate of John E. Smith and Isley's Plumbing, Inc.
34A02-1311-PL-980
Civil plenary. Affirms denial of Wells Fargo’s motion to set aside default judgments against it in favor of Dechert, as bankruptcy trustee for John E. Smith Builders Inc. and Isley’s Plumbing Inc. Dechert’s and Isley’s second amended complaint and crossclaim did not vacate the default judgments entered in their favor against Wells Fargo. The trial court did not abuse its discretion when it denied Wells Fargo’s motion to set aside the default judgments on the basis of defective service of process. The trial court did not abuse its discretion on policy grounds when it denied the motion to set aside the default judgments.

Keith D. Bott v. State of Indiana (NFP)
48A02-1312-CR-1058
Criminal. Affirms revocation of probation.

Joshua Ketchem v. State of Indiana (NFP)
48A02-1308-PC-695
Post conviction. Affirms denial of petition for post-conviction relief.

Edwin Hunt v. State of Indiana (NFP)
60A01-1309-CR-406
Criminal. Affirms 40-year sentence for Class B felony burglary and adjudication as a habitual offender.

Bruce L. Truett v. State of Indiana (NFP)
49A02-1311-CR-926
Criminal. Affirms revocation of placement in community corrections and order Truett serve three of his six years in the Department of Correction.

Larry Page v. State of Indiana (NFP)
48A05-1311-PC-556
Post conviction. Affirms denial of petition for post-conviction relief.

Demitrus Grant v. State of Indiana (NFP)
49A02-1311-CR-959
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was suspended for life.

In re the Paternity of E.S.: Makayla LeGault v. Michael J. Scott (NFP)
71A05-1312-JP-606
Juvenile. Affirms modification of mother’s custody of minor child and grant of sole physical custody of child to Scott.

Christopher Baxter v. State of Indiana (NFP)
22A01-1312-CR-551
Criminal. Affirms 40-year sentence for murder.

Signature Estates of Indiana, Inc. d/b/a Gordon Marketing, Stephens-Matthews Marketing, Inc., Shields Brokerage, Inc. et al. v. Conseco Medical Insurance Company, et al. (NFP)
29A02-1310-PL-846
Civil plenary. Reverses partial summary judgment for Conseco Medical Insurance Company and other defendants in lawsuit alleging fraud and breach of fiduciary duty. Remands for further proceedings.

Omert'a LLC, Dino Zurzolo d/b/a Shangri-La East, and Wholesalers, Inc. d/b/a Shangri-La Show Club v. Phillip Gray (NFP)
93A02-1309-EX-812
Agency action. Affirms order directing payment of money to complainant Gray and other actions by the respondents.

David Gregg v. State of Indiana (NFP)
15A01-1311-CR-505
Criminal. Affirms two-year sentence imposed after Gregg admitted violating a term of his probation.

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

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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