Opinions Oct. 13, 2010

October 13, 2010
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7th Circuit Court of Appeals
United States of America v. Cruz Saenz
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of conspiring to distribute more than 5 kilograms of cocaine but vacates his 293-month sentence. Rejects Saenz’s speedy trial challenge because nearly all of the delay is attributable to requests by Saenz or his co-defendants and the court didn’t error in imposing an obstruction of justice enhancement by concluding Saenz willfully lied about whether he knew the money he was transporting was drug money. Remands for the District Court to reconsider whether Saenz should receive the minor role adjustment as there is no evidence in the record of his involvement in a conspiracy beyond the single transport of money.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
State of Indiana v. Eric Booher, et al.
Civil. Reverses award of pre-judgment and post-judgment interest to the Boohers and Nortra Inc. Based on the language in the settlement agreements, the agreements didn’t contemplate any pre-judgment interest other than that accrued on the amounts previously deposited by the state. Remands for a calculation of post-judgment interest because the record doesn’t reveal when or if the state paid the Boohers the remaining principal payment or when the state paid the remaining principal payment under the Nortra judgment.  

Fabian Morgan v. State of Indiana
Criminal. Affirms conviction of and sentence for unlawful possession of a firearm by a serious violent felon as a Class B felony. Morgan waived his claim that there wasn’t sufficient evidence to prove he qualified as a serious violent felon. Concludes there is persuasive authority for the proposition that a stipulation may be presented to the jury in the form of a preliminary instruction, where it may be challenged by a defendant who preserves the issue for appellate review. The trial court didn’t commit fundamental error when it stated to the jury that the defense attorney’s characterization of certain evidence was “misleading” and “not the evidence.”

Larry E. Hyatt v. State of Indiana (NFP)
Criminal. Affirms convictions of four counts of dealing in cocaine as Class B felonies and one count of maintaining a common nuisance as a Class D felony.

Clarence T. Hunt v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class A felony dealing in a narcotic drug.

Jason Akemon v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony rape.

Shavaughn C. Wilson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Ronald B. Blake v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to operating a vehicle after forfeiture for life as a Class C felony.

Christopher James Hovious v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Kevin Andrew Kohler v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.

Sabrina Wright v. State of Indiana (NFP)
Criminal. Affirms conviction of battery on a law enforcement officer as a Class A misdemeanor.

Willard Bolton v. Nanette Bolton (NFP)
Domestic relation. Reverses the valuation of certain marital assets and finding Willard in contempt of the court’s Dec. 7, 2009, order. Affirms denial of his request for permanent spousal maintenance, ordering of an unequal division of marital assets, and not awarding Willard attorney’s fees.

M.B. v. State of Indiana (NFP)
Juvenile. Reverses modification of probation to the Department of Correction and remands for an evidentiary hearing.

Jessica Haylett v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.