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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.
18A04-0910-CV-599
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
49A04-1001-CR-43
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)
48A04-0912-CR-735
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)
73A04-1001-CR-39
Criminal. Affirms convictions of two counts of Class A felony dealing in a narcotic drug.

Jason Akemon v. State of Indiana (NFP)
38A02-1003-CR-307
Criminal. Affirms conviction of Class B felony rape.

Shavaughn C. Wilson v. State of Indiana (NFP)
49A02-1002-PC-326
Post conviction. Affirms denial of petition for post-conviction relief.

Ronald B. Blake v. State of Indiana (NFP)
73A01-1002-CR-123
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)
79A02-1003-CR-354
Criminal. Affirms revocation of probation.

Kevin Andrew Kohler v. State of Indiana (NFP)
35A02-1002-CR-175
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)
49A04-1002-CR-57
Criminal. Affirms conviction of battery on a law enforcement officer as a Class A misdemeanor.

Willard Bolton v. Nanette Bolton (NFP)
34A05-1002-DR-59
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)
49A02-1002-JV-241
Juvenile. Reverses modification of probation to the Department of Correction and remands for an evidentiary hearing.

Jessica Haylett v. State of Indiana (NFP)
49A04-1002-CR-64
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 am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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