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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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