ILNews

Opinions May 10, 2013

May 10, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Royce Brown v. John F. Caraway, Warden
12-1439
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
49A05-1207-CR-380
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
10A01-1208-PC-387
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

49A04-1207-CR-351
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)

49A02-1207-CR-602
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)
79A02-1210-JT-837
Juvenile. Affirms involuntary termination of parental rights.

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

56A04-1210-CT-515
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)
39A01-1209-JP-413
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)
49A04-1210-CR-500
Criminal. Affirms conviction of Class D felony theft.

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT