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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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