ILNews

Opinions March 24, 2011

March 24, 2011
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7th Circuit Court of Appeals
United States of America v. Rollie Mitchell
10-1831
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms sentence of life imprisonment for distributing cocaine base, stating the District Court properly calculated the guidelines range and did not improperly consider Mitchell’s exercise of his Sixth Amendment right to counsel. Affirms the District Court did not clearly err in finding by a preponderance of the evidence – the proper evidentiary standard – that Mitchell participated in the murder of a confidential informant.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey Wooten v. State of Indiana
49A02-1004-CR-586
Criminal. Dismisses Wooten’s appeal of trial court’s revocation of his probation. The state asserts that the appeals court has no jurisdiction over Wooten’s appeal because Indiana Post-Conviction Rule 2 does not permit belated appeals from the revocation of probation. Declines Wooten’s request for appeals court to exercise jurisdiction under its inherent authority to hear appeals that present a great matter of public interest, stating substantial evidence supports the trial court’s conclusion that Wooten was properly before it for a probation revocation proceeding.

In the Matter of the Paternity of G.B.H.; L.R. v. N.H. and State of Indiana
68A01-1009-JP-475
Juvenile paternity. Reverses trial court’s contempt finding and resulting sanction, stating evidence does not support that father L.R. willfully failed to pay child support. States that during a period of involuntary unemployment, the father paid what he was able to pay, and had less than $100 per week on which to live after paying two cases of court-ordered support, and was therefore not in contempt.

Michael E. Cohee v. State of Indiana
89A01-1009-CR-472
Criminal. Affirms trial court’s decision to deny Cohee’s motion to suppress evidence against him. States that Cohee was not subject to a custodial interrogation when officers asked for his consent to a blood draw, and therefore, officers were not required to read his rights as outlined in Miranda v. Arizona.

Anthony Guzman v. C.K. Gray, et al. (NFP)
30A01-1009-CT-445
Civil tort. Affirms Hancock Superior Court’s denial of motion for leave to amend complaint.

Steven Green v. State of Indiana (NFP)
71A03-1008-CR-466
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.

Flavio Gonzalez v. State of Indiana (NFP)
79A05-1006-CR-407
Criminal. Affirms conviction of Class B felony criminal confinement while armed with a deadly weapon, and sentences for two counts of Class B felony criminal confinement while armed with a deadly weapon, and Class D felony domestic battery.

Charles E. Justise, Sr. v. State of Indiana (NFP)
77A01-1006-SC-352
Small claim. Grants appellant’s petition for rehearing. Reverses the trial court’s dismissal of his complaint and remands with instructions to the trial court to reinstate complaint against the state for further proceedings. Reaffirms decision regarding any claim against the appellees personally.

Ricardo Rico v. State of Indiana (NFP)
20A04-1009-CR-545
Criminal. Affirms convictions of and sentences for two counts of Class A felony delivery of methamphetamine, three grams or more.  

Matthew L. Skinner v. State of Indiana (NFP)
43A03-1008-CR-439
Criminal. Affirms trial court’s sentence following revocation of probation.

S.R. v. Review Board (NFP)
93A02-1009-EX-995
Civil. Affirms decision of Review Board of the Indiana Department of Workforce Development requiring S.R. to repay unemployment benefits.

Francheska McGraw v. State of Indiana (NFP)
49A05-1007-CR-442
Criminal. Affirms conviction of Class B misdemeanor of disorderly conduct.

Matthew Riddle v. Lee Rimer (NFP)
80A02-1011-PO-1203
Order of protection. Affirms trial court’s order granting Lee Rimer a protective order.

Indiana Tax Court had posted no opinions at IL deadline.
 

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