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Opinions June 22, 2011

June 22, 2011
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7th Circuit Court of Appeals
United States of America v. Michael Lee Mokol Jr.
10-2334
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen.
Criminal. Affirms two convictions of being a felon in possession of a firearm. The District Court did not abuse its discretion in admitting bad acts testimony through Lori Miller’s testimony as to Mokol’s statement that he would put anyone who told on him “in the ground;” or in admitting bad acts evidence involving his daughter’s testimony about the gun “prank” in the Rising Sun parking lot. The District Court did not err in restricting cross-examination of his daughter and the District Court didn’t abuse its discretion by instructing the jury as to constructive possession.

Indiana Supreme Court
D.M. v. State of Indiana
49S02-1101-JV-11
Juvenile. Affirms admission of D.M.’s confession in a delinquency proceeding, in which D.M. claims he wasn’t afforded an opportunity for meaningful consultation with his mother and the waiver of his rights wasn’t knowing and voluntary. There was substantial evidence of probative value to support the decision to admit the confession. Also concludes the juvenile waiver form used by police in this case should be clarified.

Indiana Court of Appeals
Jerrme Cartwright v. State of Indiana
82A01-1005-CR-214
Criminal. Reverses Cartwright’s convictions of two counts of Class C felony attempted battery with a deadly weapon, two counts of Class B felony attempted aggravated battery, and one count of Class B felony possession of a handgun by a serious violent felon because the state’s proffered explanations for striking the only African-American juror from the jury panel were pretextual and the result of purposeful discrimination. Remands for a new trial. There is sufficient evidence to retry him on the attempted battery with a deadly weapon convictions. Judge Vaidik dissents.

Perry O. Jones v. State of Indiana (NFP)

34A02-1010-CR-1104
Criminal. Affirms calculation of pretrial and credit time.

Carl Andre Coleman v. State of Indiana (NFP)
20A05-1008-CR-553
Criminal. Grants petition for rehearing and remands with instructions that the trial court reinstate Coleman’s conviction of attempted rape and for sentencing on that offense. Affirms in all other respects.

Latoyia Tuggles v. State of Indiana (NFP)
49A02-1012-CR-1366
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.

D.H. v. State of Indiana (NFP)
49A02-1010-JV-1257
Juvenile. Dismisses appeal of order requiring D.H. to pay restitution.

Zachard D.A. Edwards v. State of Indiana (NFP)
48A02-1010-CR-1222
Criminal. Affirms order revoking home detention and probation.

Commitment of A.R. (NFP)
49A05-1011-MH-665
Mental health. Affirms order for temporary involuntary commitment.

Arden Balmer, Jr. v. State of Indiana (NFP)
71A05-1007-CR-570
Criminal. Affirms convictions of and sentence for felony murder and Class B felony criminal confinement.

Pete Burgmeier v. Robert Akin (NFP)
36A01-1009-SC-480
Small claim. Affirms award of $2,348.09 to Akin and denial of Burgmeier’s counterclaim seeking $5,020 in damages.

David B. Tyra v. State of Indiana (NFP)
05A04-1012-CR-762
Criminal. Affirms conviction of Class C felony operating a motor vehicle while privileges are forfeited for life.

Todd A. Harmon v. State of Indiana (NFP)
03A01-1011-CR-630
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Michael O. Branch v. State of Indiana (NFP)
84A01-1008-CR-458
Criminal. Affirms conviction of and sentence for Class D felony operating a vehicle as a habitual traffic violator.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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