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Opinions, May 23, 2011

May 23, 2011
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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
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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