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Opinions Nov. 21, 2012

November 21, 2012
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7th Circuit Court of Appeals
United States of America v. William Hagler
11-2984
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms conviction of attempted bank robbery. Hagler argued that the government waited too long to indict him, that the evidence was insufficient to convict him, and that new DNA testing entitles him to a new trial.

Indiana Court of Appeals
Tyler A. White v. State of Indiana
90A04-1111-CR-621
Criminal. Affirms murder conviction. The probative value of the 804(b)(5) evidence outweighed the danger of the unfair prejudice to White. The Legislature’s intent in the feticide enhancement statute is clear that the state need not prove a defendant’s mens rea when seeking a sentence enhancement for feticide.

Robert D. Davis v. State of Indiana
11A01-1204-CR-251
Criminal. Affirms denial of motion to correct erroneous sentence. The trial court followed the appellate court’s order on remand as far as resentencing, and Davis did not develop a cogent argument with respect to how a 1994 amendment regarding sentencing would have affected his sentence.

Romero Leslie v. State of Indiana
49A04-1203-CR-135
Criminal. Affirms conviction of Class B felony dealing in cocaine. Leslie hasn’t shown that the trial court committed fundamental error when it denied his request to dismiss a juror, nor that the court abused its discretion when it dismissed another juror after she stated she couldn’t render a decision based on the evidence.

Thomas H. Andrews v. State of Indiana
29A02-1112-MI-1166
Miscellaneous. Reverses and remands with instructions to grant Andrew’s petition to be removed from the sex offender registry. Requiring him to register violates the Indiana Constitution prohibitions on ex post facto laws, and Indiana state courts do not have the authority to consider whether federal statutory penalties attach to Andrews’ conduct.

James Henley v. State of Indiana (NFP)
49A02-1205-CR-404
Criminal. Affirms convictions of Class C felonies attempted forgery and forgery, and Class D felony theft.

Term. of the Parent-Child Rel. of K.S. and K.C. (Minor Children) and Y.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A04-1202-JT-52
Juvenile. Affirms involuntary termination of parental rights.

Lanika Young v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/november/11211205pdm.pdf
49A04-1203-CR-138
Criminal. Affirms sentence following guilty plea to Class A misdemeanor carrying a handgun without a license.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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