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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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