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Opinions May 2, 2011

May 2, 2011
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7th Circuit Court of Appeals
United States of America v. David Lee Runyan
10-3400
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms 63-year sentence for being a felon in possession of a firearm. Runyan argued the District Court sentenced him without considering the care he gave his then-terminally ill father, but his argument rested on past caregiving rather than present caregiving and the District Court didn’t need to address it. Also finds the District Court’s commentary at sentencing to not be impermissibly one-sided.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
State of Indiana v. C.D.
55A01-1007-JV-342
Juvenile. Reverses grant of C.D.’s motion to suppress evidence. C.D. was not undergoing custodial interrogation when he answered a police officer’s questions and made an incriminating admission while in the principal’s office on suspicion of being impaired. He was not deprived of his right to meaningful conversation with his parents when the officer examined him. It was also reasonable for the principal to check C.D.’s backpack for marijuana or paraphernalia after it was believed C.D. was under the influence of marijuana. Remands for further proceedings.

Term. of Parent-Child Rel. of S.S.; I.S. v. IDCS (NFP)
29A05-1010-JT-646
Juvenile. Affirms involuntary termination of parental rights.

Sean Boylan v. Horvath Communications Inc., et al. (NFP)
71A04-1012-PL-776
Civil plenary. Affirms summary judgment for Horvath Communications and Jacqueline Horvath in Sean Boylan’s action alleging breach of contract, promissory estoppel, and unjust enrichment.

Edward Shaffer v. Wells Fargo Bank (NFP)
49A05-1007-MF-452
Mortgage foreclosure. Affirms summary judgment for Wells Fargo Bank after Edward Shaffer defaulted on mortgage payments. Affirms ordering of a $75,000 bond to stay the eviction proceedings.

C.B. v. State of Indiana (NFP)
49A02-1009-JV-1089
Juvenile. Affirms adjudication for committing what would be Class B felony robbery and Class A misdemeanor battery if committed by an adult.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied two cases for the week ending April 29.
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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