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
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
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)
Criminal. Affirms sentence for Class D felony sexual battery.

Anthony Stansbury v. State of Indiana (NFP)
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)
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)
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)
Juvenile. Affirms order modifying custody of N.B. to father.

In Re the Marriage of: Alexander Nikolayev v. Natalia Nikolayev (NFP)
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)
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)
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)
Juvenile. Dismisses sua sponte the appeal for lack of subject matter jurisdiction.

Dusty E. Rhodes v. State of Indiana (NFP)
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)
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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.