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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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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