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Opinions June 3, 2013

June 3, 2013
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7th Circuit Court of Appeals
United States of America v. Jeffrey Weaver
12-3324
Criminal. Vacates judgment of the U.S. District Court for the Southern District of Indiana and remands for resentencing. Weaver was sentenced to 235 months imprisonment after the District Court determined his sentence should be enhanced because he was functioning as a manager/supervisor in supplying methamphetamine to two buyers and pressuring them to sell the drugs. The Circuit Court found his actions did not rise to the 3-level enhancement because he did not have the control necessary to coerce the buyers. Instead Weaver was encouraging behavior that would protect his investment and insure payment of the debt owed to him.  

The following opinion was issued after IL deadline Friday.
SAMS Hotel Group, LLC v. Environs, Inc.
12-2979
Civil. Affirms judgment of the U.S. District Court for the Southern District of Indiana that SAMS Hotel Group’s damages were limited to $70,000. The hotel group sued Environs for breach of contract after the hotel that Environs designed was found to have serious structural flaws and had to be demolished before being opened. SAMS argued its damages should exceed the limitation of liability provision in the contract because the language of the contract did not refer explicitly to Environs’ own negligence. Finding no indication in Indiana case law that the Indiana Supreme Court would extend the specificity rule to a limitation of liability clause that was knowingly negotiated by two sophisticated commercial entities, the Circuit Court concluded the district court properly held SAMS to the terms of its contract.

Indiana Court of Appeals
Bryant E. Wilson v. State of Indiana
27A02-1212-CR-1012
Criminal. Affirms in a divided opinion trial court denial of motion to correct erroneous sentence for convictions of Class A felony rape and criminal deviate conduct and Class B felony robbery. Judges Terry Crone and Ezra Friedlander affirmed the trial court’s denial, holding the aggregate sentence of 50 years in prison that included a partial consecutive sentence on the lesser count was not erroneous on its face. Chief Judge Margret Robb would reverse the denial, writing in dissent that she believed the sentence was erroneous because the partial consecutive sentence was not explicitly permitted by statute.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday.

 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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