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Opinions Oct. 11, 2011

October 11, 2011
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7th Circuit Court of Appeals
United States of America v. Roger Loughry, also known as Mayorroger
10-2967
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence
Criminal. Reverses District Court’s decision to allow admission as evidence “hard core” pornography without examining it or without explaining its reasoning under Rule 403. Holds that the material was highly inflammatory and held only minimal probative value, but created extreme prejudice against Loughry. Remands to the District Court for proceedings consistent with opinion.

Indiana Supreme Court
In the Matter of the Involuntary Termination of Parent-Child Relationship of C.G., Minor Child and Her Mother, Z.G. v. Marion County Department of Child Services and Child Advocates, Inc.
49S04-1101-JT-46
Juvenile. Affirms trial court’s termination of mother’s parental rights, holding that while the Marion County Department of Child Services made several errors, none rose to the level of violating the mother’s due process rights or warranting a reversal.

Indiana Court of Appeals
Julius T. Anderson v. Richard M.Ivy
18A04-1107-MI-357
Miscellaneous. Reverses trial court’s decision that Ivy was entitled to a special election, holding that no evidence exists to suggest Anderson’s misconduct affected any votes.

Jeffrey Havvard v. State of Indiana (NFP)
49A05-1103-CR-109
Criminal. Affirms conviction for Class A misdemeanor possession of marijuana.

Daniel W. Oliver v. State of Indiana (NFP)
07A04-1012-CR-768
Criminal. Affirms convictions of two counts of Class D felony theft.  

Yusuf Fields v. State of Indiana (NFP)
48A04-1012-CR-815
Criminal. Affirms convictions for Class A felony attempted murder and Class A misdemeanor carrying a handgun without a license.

Dawon Strong v. State of Indiana (NFP)
22A01-1104-CR-143
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Justin Lashaway v. State of Indiana (NFP)
49A04-1011-CR-773
Criminal. Affirms conviction of and sentence for Class A felony conspiracy to commit child molesting.

Term. of Parent-Child Rel. of G.H., T.H., and B.H.; I.H. (Father) v. Indiana Dept. of Child Services (NFP)
66A01-1102-JT-40
Juvenile. Affirms termination of father’s parental rights.

Randy S. Johnson v. State of Indiana (NFP)
49A04-1104-PC-196
Post conviction. Affirms denial of petition for post-conviction relief.

Philip D. Krantz v. State of Indiana (NFP)
57A03-1104-CR-146
Criminal. Affirms sentence for four Class D felonies resulting from a plea agreement.

Indiana Tax Court had posted no opinions at IL deadline.

 
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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