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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. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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