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Opinions March 9, 2011

March 9, 2011
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7th Circuit Court of Appeals
Peggy Abner and Linda Kendall v. Scott Memorial Hospital
10-2713
U.S. District Court, Southern District of Indiana, New Albany Division, Chief Judge Richard L. Young.
Civil. Denies motion to file an oversized brief and affirms summary judgment for Scott Memorial Hospital in a suit under the False Claims Act. Finds the appeal has no merit and the appellant’s attorney flagrantly violated the word limit for the brief.

United States of America v. Styles Taylor and Keon Thomas
05-2007, 05-2008, 09-1291
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Charles R. Norgle Sr.
Criminal. Vacates Taylor and Thomas’ convictions of murder and robbery and remands for a new trial. Accepting new, unrelated reasons extending well beyond the prosecutor’s original justification for striking an African-American juror amounts to clear error under Miller-El II, and the government’s reliance on these additional reasons raises the specter of pretext.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Sasser v. State of Indiana
79A04-1006-CR-457
Criminal. Reverses conviction of Class C felony failure to register as a convicted sex offender while having a prior conviction and remands for a new trial. The admission of evidence regarding Sasser’s prior convictions for failure to register was a fundamental error, but there is sufficient evidence supporting the conviction.

Jerrell D. White v. State of Indiana
15A01-1008-CR-463
Criminal. Affirms conviction of Class D felony theft and reverses conviction of Class D felony receiving stolen property for violating double jeopardy. There is insufficient evidence to support the habitual offender finding. Affirms remaining three-year sentence for theft conviction. Remands with instructions.

Thomas P. Burke v. American General Financial Services, Inc. (NFP)
29A02-1008-PL-925
Civil plenary. Affirms on interlocutory appeal the grant of a motion to appoint a receiver filed by American General Financial Services.

Joshua Murrell v. State of Indiana (NFP)
49A02-1005-CR-552
Criminal. Dismisses appeal of the denial of demand for trial setting and motion to transport defendant to Marion County Jail for purpose of trial preparation or competency evaluation, and motion for discharge under Indiana Criminal Rule 4(C).

James D. Imel, Jr. v. State of Indiana (NFP)
16A01-1009-CR-471
Criminal. Affirms conviction of and sentence for Class C felony reckless homicide.

William C. Lansford v. State of Indiana (NFP)
71A03-1004-CR-178
Criminal. Affirms conviction of Class B felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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