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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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