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Opinions May 7, 2013

May 7, 2013
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7th Circuit Court of Appeals
Jose J. Loera, Jr. v. United States of America
11-3223
Criminal. Affirms drug conviction and 240-month prison sentence, holding that Loera failed to prove his attorney provided ineffective legal counsel. Loera claimed that a prior grant of a motion to suppress his statements to police before consulting an attorney should have been binding on future proceedings. The court held it was doubtful that a subsequent refusal to suppress on different grounds, if it was error, was harmful.

Indiana Court of Appeals
Think Tank Software Development Corp. d/b/a Think Tank Networking Technologies Group, et al. v. Chester, Inc., Mike Heinhold, John Mario, Joel Parker, Thomas Guelinas, et al.
64A05-1205-PL-270
Civil plenary. Reverses and remands on interlocutory appeal a trial court grant of a motion to exclude testimony from an expert witness on economics and business valuation, holding that once an expert’s scientific theories are determined to be reliable under Trial Rule 702, cross-examination is the means of exposing dissimilarities between actual evidence and an expert’s theories.

Ryan Westlake v. State of Indiana
73A01-1209-CR-433
Criminal. Affirms aggregate sentence of 25 years executed and five years suspended for pleading guilty to Class A felony child molesting and Class B felony sexual misconduct. The trial court did not abuse its discretion in sentencing when it did not consider the guilty plea as a mitigating factor because Westlake received the “substantial benefit” of having four additional charges dropped in exchange for the plea.
 
In the Matter of the Termination of the Parent-Child Relationship of: A.D.S. & A.S. and L.S. v. The Indiana Department of Child Services
49A02-1207-JT-604
Juvenile. Affirms termination of mother’s parental rights, concluding there was sufficient evidence that there is a reasonable probability
that the reasons for the children’s placement outside the home will not be remedied and that the totality of the evidence supports the trial court’s conclusion that termination of mother’s parental rights is in the children’s best interest.

Patti S. Maxfield and Ronald G. Maxfield v. Women's Health Partnership, P.C. and Corporate Cleaning Systems, Inc. (NFP)

49A02-1209-CT-707
Civil tort. Affirms summary judgments for Corporate Cleaning and for Women’s Health.  

Tracy Lawrence v. State of Indiana (NFP)
48A02-1206-CR-524
Criminal. Affirms Lawrence’s sentence to an aggregate 100-year term after being convicted of Class A felony child molesting and Class A felony attempted child molesting. The trial court neither abused its discretion nor imposed an inappropriate sentence.

Brice Dutrow v. State of Indiana (NFP)
30A04-1207-CR-356
Criminal. Affirms Dutrow’s sentence of concurrent terms of 45 years  with five years suspended to probation for convictions of burglary and robbery, both Class A felonies, and an enhancement of 30 years on the burglary conviction.   

Amy (Winton) Otis v. Marketing Three LLC (NFP)
20A05-1210-CC-505
Civil collection. Reverses the judgment of the trial court and remands for further proceedings. Concludes the trial court erred in entering summary judgment in favor of Marketing Three.

Jonathan Reiner v. State of Indiana (NFP)

20A05-1210-PC-499
Post conviction. Affirms Reiner’s conviction and 30-year sentence for Class A felony dealing in methamphetamine. The majority finds Reiner’s trial counsel was not ineffective for failing to raise a competency objection to the detective’s yield rate testimony; failing to present evidence challenging the reliability of yield rate evidence in general; and failing to move for a directed verdict on the Class A felony charge on the basis of insufficient evidence as to the amount of meth being manufactured. Also concludes Reiner’s appellate counsel was not ineffective for failing to challenge the sufficiency of the state’s evidence as to the amount of meth being manufactured. In her dissent, Judge Elaine Brown finds Reiner has demonstrated that he received ineffective assistance of trial counsel for failure to challenge the admissibility of the evidence regarding the yield rate. He also received ineffective assistant of trial and appellate counsel for failure to challenge the evidence as insufficient to support the Class A felony.    

The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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