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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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