Opinions May 10, 2013

May 10, 2013
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7th Circuit Court of Appeals
Royce Brown v. John F. Caraway, Warden
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses denial of Brown’s petition for habeas corpus under 28 U.S.C. Section 2241 in which he argued under Begay v. United States, 553 U.S. 137 (2008), his prior Delaware conviction for arson in the third degree did not qualify as a crime of violence. Brown is entitled to relief, and under Begay, his prior conviction doesn’t qualify as “generic” arson under the enumerated crimes clause of the career offender guideline, nor is it covered by the residual clause. Remands with instructions to reduce his drug and firearm sentence to reflect that he is not a career offender under Section U.S.S.G. Section 4B1.1. Chief Judge Easterbrook issued a statement concerning the circulation under Circuit Rule 40(e).

Indiana Court of Appeals
Dwight L. Cobbs v. State of Indiana
Criminal. Affirms conviction of Class B felony dealing in cocaine. The trial court properly admitted the confidential informant’s testimony. Even if the court erred by admitting it, any error was harmless.

Roberto Barajas v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. Barajas failed to demonstrate prejudice by his trial counsel’s performance in light of the court’s advisements at his guilty plea hearing.

Bobby Alexander v. State of Indiana

Criminal. Dismisses appeal of conviction of Class B felony aggravated battery and remands with instructions for the trial court to enter a restitution order within 30 days of this opinion. The trial court never entered a restitution order, so the case is in procedural limbo.

Karina Wilson v. State of Indiana (NFP)

Criminal. Affirms sentence for Class A misdemeanor battery.

Term. of the Parent-Child Rel. of C.T. and D.T., minor children, and C.T., biological father, and K.P., biological mother: C.T. and K.P. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Mr. Bults, Inc. D/B/A MBI v. Nathan Orlando (NFP)

Civil tort. Affirms negligence finding against Mr. Bults Inc. and $650,000 jury award.

In Re: The Paternity of V.A.; R.A. v. B.Y. (NFP)
Juvenile. Affirms order addressing custody, parenting time, child support and personal property issues. Remands for the court to rule on the issue of legal custody, father’s contempt petition, to clarify the factual basis for its child support order and to enter findings supporting the conclusion.

Daon L. Bellamy v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.


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  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit