ILNews

Opinions March 24, 2011

March 24, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT