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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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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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