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Opinions Nov. 17, 2010

November 17, 2010
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7th Circuit Court of Appeals
United States of America v. Rosalio Cruz-Rea and Zoyla Garcia-Rea
09-3591, 10-1355
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Criminal. Affirms convictions of and sentences of Cruz-Rea for conspiracy to possess with intent to distribute more than five kilograms of cocaine and possession with intent to distribute 500 grams or more of cocaine, and convictions of and sentences for Garcia-Rea for conspiracy to possess with intent to distribute more than five kilograms of cocaine. The government didn’t abuse its discretion in determining that the government laid sufficient foundation for an officer’s voice identification testimony under Fed. Evid. Rule 901(b)(5). Affirms in all other respects.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Randy Horton v. State of Indiana
48A04-1001-CR-89
Criminal. Affirms convictions of and sentences for six counts of Class A felony child molesting and three counts of Class C felony child molesting. The trial court did not abuse its discretion in admitting a videotaped interview of a child-witness under the recorded recollection exception to the hearsay rule, and his sentence is not inappropriate considering the nature of the offenses and Horton’s character.

Darrian Bunch v. State of Indiana
49A04-1002-CR-120
Criminal. Reverses two of the three convictions of and sentences for criminal confinement against the same victim because they constituted only one distinct confinement and the convictions violate the Indiana Double Jeopardy clause. Remands with instructions that those two convictions and sentences be vacated. Affirms his other convictions and sentences for robbery, burglary, intimidation, criminal confinement pertaining to other victims, and carrying a handgun without a license.

R.A. v. State of Indiana
71A04-1005-JV-340
Juvenile. Reverses order that R.A. be committed to the Indiana Department of Correction given the facts of the case and the statutory policy favoring the least-harsh disposition. Remands with instructions for the juvenile court to vacate its dispositional decree and order his placement in an appropriate rehabilitative setting.

The Village Pines at the Pines of Greenwood Homeowners' Assn. Inc. v. The Pines of Greenwood Homeowners' Assn. Inc.
41A01-0912-CV-568
Civil. Reverses trial court ruling as it erred when it concluded that the controlling ordinances did not require the creation of a master homeowners’ association and for the shared use of amenities located in The Pines development. Remands for the trial court to order the parties to engage in mediation.

Gregory M. Small v. Frank A. Rogers

29A02-1001-PL-30
Civil plenary. Reverses summary judgment in favor of Rogers in his complaint for contribution against Small for the payments of interest under his guaranties that Rogers made to banks. The evidence shows that Rogers paid only a portion of the amounts due under the promissory notes and far less than his proportionate share of the debts owed to the banks, so the right to contribution does not apply in this case.

Marty McConnell v. State of Indiana (NFP)
18A02-1004-CR-400
Criminal. Affirms sentence following guilty plea to five counts of Class C felony robbery and one count of Class C felony possession of cocaine.

Anthony J. Woods v. State of Indiana (NFP)
49A04-1003-CR-158
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex.

Curtis E. Cash v. State of Indiana (NFP)
67A05-1005-CR-288
Criminal. Affirms convictions of and sentence for Class B felony attempted burglary, Class C felony attempted burglary, and being a habitual offender.

Kyle E. Beals v. State of Indiana (NFP)
49A02-1004-CR-453
Criminal. Affirms probation revocation and order Beals serve his previously suspended sentence.

Lisa Burress v. Brad Wells (NFP)
82A01-1003-DR-128
Domestic relation. Affirms modification of primary physical custody in favor of Wells and holding Burress in contempt.

Robert Burch, et al. v. Vern Penner (NFP)
85A04-1003-PL-169
Civil plenary. Affirms denial of the Burches’ motion for relief from judgment.

Tracy Trimble v. State of Indiana (NFP)
49A04-1003-CR-163
Criminal. Affirms convictions of Class D felony domestic battery and Class D felony strangulation. Remands with instructions to amend the abstract of judgment.

K.W. v. L.W. (NFP)
54A05-1003-DR-181
Domestic relation. Affirms order awarding L.W. primary physical custody of the parties’ minor child.

Michele Michaylo and Paul Michaylo v. Event Experts (NFP)
02A04-1007-SC-432
Small claims. Affirms judgment against Michaylo and in favor of Event Express for $5,800 in a dispute over a corporate sponsorship agreement.

Steve D. Eller v. State of Indiana (NFP)

14A05-0912-PC-690
Post conviction. Affirms denial of petition for post-conviction relief.

Hirman Jackson v. State of Indiana (NFP)
79A02-1001-CR-85
Criminal. Vacates conviction of and sentence for possession of a schedule I controlled substance as a Class D felony and affirms conviction of and sentence for dealing in a schedule I controlled substance as a Class B felony. Remands for a determination of Jackson’s ability to reimburse the county in part for the costs of his representation.

Jared Beeler v. State of Indiana (NFP)

02A05-1002-CR-153
Criminal. Affirms sentence following guilty plea to Class C felony child molesting, Class C felony vicarious sexual gratification, and Class A felony attempted child molesting.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 11 for the week ending Nov. 12.
 

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  1. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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