ILNews

Opinions March 7, 2011

March 7, 2011
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7th Circuit Court of Appeals
United States of America v. Martin Avila
09-2681
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal. Affirms 365-month sentence for drug offenses following re-sentencing on remand. The District Court corrected the drug quantity attributable to Avila. The District Court did not violate the cross-appeal rule and acted within the scope of the remand.

United States of America v. William Travis Brown
09-3976
U.S. District Court, Southern District of Indiana, Indianapolis Division. Chief Judge David F. Hamilton.
Criminal. Affirms 240-month sentence for one count of possession of child pornography and one count of transportation of child pornography. Application of the “thing of value” enhancement was not double counting. The District Court properly based Brown’s sentence on the Section 3553(a) sentencing guidelines.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jill M. Baird v. Lake Santee Regional Waste and Water District (NFP)
16A01-1009-CC-470
Civil collections. Affirms denial of Baird’s motion for relief from judgment granting a foreclosure decree against her property in favor of Lake Santee Regional Waste and Water District for her failure to pay sewer connection penalties.

Desmond D. Clayton v. State of Indiana (NFP)
49A05-1006-CR-363
Criminal. Affirms convictions of Class B felony robbery and Class A misdemeanor battery.

Ricky Renee Patterson v. State of Indiana (NFP)
29A02-1007-PC-894
Post conviction. Affirms denial of petition for post-conviction relief.

Thomas William Donaldson v. State of Indiana (NFP)
48A02-1007-CR-763
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement.

Carl Sonnenberg, et al. v. A.N. Real Estate Services, Inc., et al. (NFP)
29A04-1005-PL-381
Civil plenary. Affirms determination that the Sonnenbergs are only entitled to $650 in damages in a lawsuit against A.N. Real Estate Services and employee Natalie Higgens pursuant to the Home Loan Practices Act for an erroneous appraisal of their home.

Seth R. Adkins v. State of Indiana (NFP)
57A03-1010-CR-569
Criminal. Affirms sentence following guilty plea to Class A felony dealing in methamphetamine.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 16 cases for the week ending March 4.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. 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.

  5. 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!!

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