7th Circuit Court of Appeals opinion posted after IL deadline May 20
USA
v. Sidney O. Sellers
09-2516
Criminal. Vacates sentences for possession with intent to sell crack cocaine and possession of a firearm used in drug trafficking,
and orders new trial for Sidney O. Sellers, stating the court failed to consider Sellers’s reasons for requesting a
motion for a continuance. Remands for a new trial, including all pre-trial proceedings.
7th Circuit Court of Appeals had posted no opinions at IL deadline
Indiana Supreme Court had posted no opinions at IL deadline
Indiana Court of Appeals
Jimmie
E. Jones, Jr. v. State of Indiana
29A02-1008-CR-935
Criminal. Affirms conviction for felony murder, stating that the trial court did not err by refusing Jimmie Jones’s
tendered instructions on reckless homicide and involuntary manslaughter, as evidence suggests Jones knowingly and willingly
killed the victim.
Stephen
Robertson, et al. v. B.O., et al.
49A04-1009-CT-528
Civil tort. Reverses partial summary judgment with respect to the compensable damages in favor of appellee-plaintiff B.O.,
a minor, stating the trial court erred in excluding the Indiana Compensation Fund’s evidence regarding the extent of
B.O.’s damages.
Willie
McCain, Jr. v. State of Indiana
27A02-1009-CR-985
Criminal. Affirms trial court’s judgment of conviction for Class B felony dealing in cocaine, stating that while the
court erred in prohibiting as unsubstantiated any discussion of the confidential informant’s criminal background, the
error was harmless beyond a reasonable doubt.
James
Andrew Foxworthy v. State of Indiana (NFP)
32A05-1009-CR-583
Criminal. Reverses conviction for Class A misdemeanor domestic battery, stating the trial court abused its discretion in
admitting a deputy’s testimony over the defendant’s hearsay objection.
Jack
M. Estes, II v. State of Indiana (NFP)
32A04-1010-CR-693
Criminal. Reverses consecutive sentences for revocation of probation in Hendricks and Boone counties, and remands for imposition
of concurrent sentences.
Ronald
Hollin v. State of Indiana (NFP)
36A01-1008-CR-378
Criminal. Affirms convictions for Class A felony child molesting and other related counts.
Joseph
Cree v. State of Indiana (NFP)
09A02-1009-PC-1008
Post-conviction relief petition. Affirms order of post-conviction court’s summary denial of petition.
Johnny
Baptiste v. State of Indiana (NFP)
49A05-1010-CR-616
Criminal. Reverses convictions for Class D felony auto theft and Class A misdemeanor battery; upholds conviction for Class
A felony robbery, stating the robbery and auto theft convictions violate the double-jeopardy single-larceny rule and convictions
for robbery violate actual-evidence test.
Donald
Mallard v. State of Indiana (NFP)
71A03-1006-PC-362
Post-conviction relief petition. Affirms denial of post-conviction relief petition.
Russel
F. Cowherd v. State of Indiana (NFP)
02A05-1008-CR-567
Criminal. Affirms conviction for Class C felony possession of cocaine.
Quan
Ning Huang v. Tanas B. Donev (NFP)
02A03-1012-MF-661
Mortgage foreclosure. Affirm’s grant of summary judgment and corresponding entry of decree of foreclosure in favor
of Tanas B. Doney.
Indiana Tax Court had posted no opinions at IL deadline














Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.