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Opinions Sept. 17, 2012

September 17, 2012
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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.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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