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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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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