ILNews

Opinions Sept. 17, 2012

September 17, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Fred E. Dowell v. United States of America
10-2912
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Remands with instructions for the District Court to make a determination as to whether Dowell told his attorney to file an appeal to contest whether he was a career offender. Dowell claimed his plea agreement specifically reserved his right to appeal the career offender designation, but his attorney did not file the appeal.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Todd J. Posar v. Paula M. Posar (NFP)
71A04-1201-DR-38
Domestic relation. Reverses order granting Paula Posar’s Trial Rule 60(B) motion for relief from judgment pertaining to an order establishing Todd Posar’s college expense arrearage as of that date. Remands with instructions.

Sarah L. Thompson v. State of Indiana (NFP)
02A04-1204-CR-176
Criminal. Affirms conviction of Class C felony battery.

Kyle Lynch v. State of Indiana (NFP)
79A02-1112-CR-1175
Criminal. Affirms conviction and sentence for Class A felony child molesting.

Cory J. Pinkerton v. State of Indiana (NFP)
35A02-1202-CR-94
Criminal. Affirms five-year sentence enhancement imposed under I.C. 35-50-2-11 subsequent to Pinkerton’s conviction of Class C felony reckless homicide.

Jason Middleton v. State of Indiana (NFP)
70A01-1202-CR-69
Criminal. Affirms convictions and sentence for Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Geramy Ridley v. State of Indiana (NFP)
49A04-1202-CR-89
Criminal. Affirms conviction and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

Kent A. Easley v. Indiana Dept. of Correction, et al. (NFP)
49A02-1202-PL-220
Civil plenary. Affirms dismissal of lawsuit.

Rolando Miguel-Gaspar Mateo v. State of Indiana (NFP)
09A04-1201-CR-17
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.

Perry Odum v. State of Indiana (NFP)
30A01-1203-CR-102
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

ADVERTISEMENT