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Opinions May 31, 2012

May 31, 2012
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7th Circuit Court of Appeals
United States of America v. Aaron M. Davis, Bobby Suggs, et al.
11-1313, 11-1323, et al.
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. In consolidated appeal, affirms denial of the six defendants’ motion to reduce their sentences pursuant to 18 U.S.C. Section 3582(c)(2) based on the retroactive crack cocaine amendments to the United States Sentencing Guidelines. The District Court did not have the power to adjudicate Suggs’ motion and lacked subject-matter jurisdiction. There is sufficient evidence for the District Court to conclude the other defendants were responsible for at least 4.5 kilograms of crack cocaine, which would prevent their sentences from being reduced.

Indiana Supreme Court
Mickey Cundiff v. State of Indiana
31S05-1108-CR-512
Criminal. Affirms denial of Cundiff’s motion for a speedy trial. Criminal Rule 4(B) is available only to a defendant when the defendant is held on the pending charges for which he or she requests a speedy trial.
 
Indiana Court of Appeals
Fred N. Martinez v. Susan K. Deeter
32A01-1108-DR-359
Domestic relation. Affirms denial of Deeter’s request for attorney fees. Holds trial court erred by making conflicting findings regarding Martinez’s 2007 child support and by including survivor benefits received by the children in the calculation of Deeter’s weekly gross income. Remands for court to recalculate father’s 2007 child support obligation and further proceedings.

Larry Gene Gore v. State of Indiana (NFP)
76A03-1110-CR-491
Criminal. Affirms sentence for Class D felony sexual battery.

Anthony Stansbury v. State of Indiana (NFP)
15A05-1111-CR-585
Criminal. Affirms convictions of Class B felonies attempted robbery and aggravated battery and finding Stansbury is a habitual offender and remands for correction of sentencing order.

Wells Fargo Bank v. Castalia Homes, LLC; Jan N. Kelsey (NFP)
06A04-1112-MF-680
Mortgage foreclosure. Reverses summary judgment in favor of Castalia Homes on the issue of priority.

Noblesville Schools Corporation v. Review Board of the Indiana Department of Workforce Development and Ryan Shelton (NFP)
93A02-1110-EX-923
Agency appeal. Affirms decision by review board that Noblesville Schools Corp. did not show good cause for failing to attend a hearing review regarding Shelton’s award of benefits.

In Re the Paternity of N.B.; K.B. v. A.B. (NFP)
45A03-1111-JP-495
Juvenile. Affirms order modifying custody of N.B. to father.

In Re the Marriage of: Alexander Nikolayev v. Natalia Nikolayev (NFP)
49A05-1108-DR-393
Domestic relation. Reverses decision to make Alexander Nikolayev’s new child support obligation effective July 21, 2010. Affirms in all other respects and remands for further proceedings.

Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC (NFP)
45A03-1109-CT-394
Civil tort. Affirms grant of a motion for Trial Rule 35 psychological examination filed by Weinberger. Remands for further proceedings.

Susan Grund v. State of Indiana (NFP)
52A02-1108-PC-791
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of V.C., Child Alleged to be in Need of Services: V.S. v. Indiana Dept. of Child Services (NFP)
79A02-1201-JC-43
Juvenile. Dismisses sua sponte the appeal for lack of subject matter jurisdiction.

Dusty E. Rhodes v. State of Indiana (NFP)
11A01-1109-CR-487
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Richard C. Gallops and Patricia A. Gallops v. David Hubbard, Personal Representative of the Estate of Thelma M. Hubbard, Deceased (NFP)
02A05-1107-CT-337
Civil tort. Denies the estate’s renewed motion to dismiss and affirms the Gallopses’ designated materials were inadmissible under the Dead Man’s Statute and that the estate was entitled to partial summary judgment as a matter of law.

Indiana Tax Court posted no opinions at IL deadline.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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