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Opinions Sept. 3, 2013

September 3, 2013
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7th Circuit Court of Appeals
USA v. Farshad Ghiassi
12-3596
Criminal. Affirms 70-month sentence for Ghiassi’s guilty plea to being a felon in possession of a firearm, in violation of 18 U.S. Code 922(g)(1). Finds the District Court was uniquely and well-situated to assess the credibility of Ghiassi’s co-defendant and her statements that she purchased eight firearms on his behalf. Also rejects Ghiassi’s alternative argument that the District Court deprived him of due process. Rules Ghiassi knew the court was going to rely on his co-defendant’s statements and he had opportunity to challenge those statements.

Indiana Court of Appeals
Peru City Police Department and City of Peru v. Gregory Martin
52A02-1304-PL-350
Civil plenary. Reverses a trial court ruling that overturned a city board’s firing of a police officer for use of excessive force against a 64-year-old nursing home patient hit with five Taser deployments in one minute. The panel held that the trial court erroneously substituted its judgment for that of the city board, impermissibly reweighed evidence, disregarded evidence favorable to the board’s decision, credited the testimony of witnesses that the trial court did not personally hear, and misstated evidence regarding the scope of the officer’s training.

Peter F. Amaya v. D. Craig Brater, M.D., In his Capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al.
49A04-1212-PL-620
Civil plenary. Affirms trial court grant of summary judgment in favor of Indiana University School of Medicine and related co-defendants for the dismissal of third-year medical student Peter Amaya on allegations of cheating on an exam. The panel held that Amaya was not denied due process and that it could not conclude that the decision to dismiss Amaya was not based on substantial evidence or was arbitrary or capricious.

Marion Turner v. State of Indiana
49A05-1302-CR-59
Criminal. Affirms conviction for dealing in cocaine as a Class A felony. Finds no reversible error in the trial court’s exclusion of a confidential informant’s offer to pay more money for cocaine. The jury could “reasonably interpret” from Turner’s testimony saying “the intensity was basically up the ante,” that the purchase price was being increased. Also rules the evidence is sufficient to prove Turner’s predisposition to deal cocaine. Turner’s interaction with an undercover detective indicated he was familiar with drug jargon and was soliciting a future transaction.  

TP Orthodontics, Inc., Christopher K. Kesling, DDS, MS, Adam Kesling, and Emily Kesling, Individually and derivatively on behalf of TP Orthodontics, Inc. v. Andrew C. Kesling, et al.
46A03-1207-MI-324
Miscellaneous. Affirms trial court’s order compelling TP Orthodontics to file a copy of the special litigation committee’s entire report under seal and to produce a copy for the siblings and their counsel. Rules the heavily redacted report gives a partial picture at best. It does not provide any information on what the committee may have failed to do or may have done incorrectly. Consequently, the derivative plaintiffs must have access to the complete unredacted report in order to determine if the committee was disinterested or conducted its investigation in good faith.

Kem Duerson v. State of Indiana (NFP)
82A01-1301-CR-23
Criminal. Affirms conviction of Class A felony dealing in cocaine and adjudication as a habitual offender.

Yulanda C. Petty v. John T. Petty (NFP)
71A03-1301-DR-11
Domestic relation. Affirms in part, reverses in part and remands a trial court order in favor of John Petty. Remands for a hearing to determine the balance in a trust account and a corresponding recalculation of Yulanda Petty’s share of support for a daughter’s college expenses.

Ruben Mancillas, Jr. v. State of Indiana (NFP)
55A04-1208-CR-444
Criminal. Affirms aggregate sentence of seven-and-a-half years for conviction of Class D felony resisting law enforcement with a motor vehicle, misdemeanor counts of failure to stop at an accident resulting in damage to a vehicle and operating a vehicle while intoxicated enhanced by a habitual offender finding.

Dwight McPherson v. State of Indiana (NFP)
48A05-1302-CR-64
Criminal. Remands to the trial court for proceedings, finding error in imposing a $200 public defender fee and in leaving a determination of restitution for the probation department.

Guy Ivester v. State of Indiana (NFP)
33A04-1209-PC-491
Post conviction. Affirms denial of post-conviction relief from 18-year executed sentence for conviction of Class A felony dealing in a Schedule II controlled substance.

In the Matter of the Termination of the Parent-Child Relationship of E.M., L.M., & G.M., and S.M. (Mother) v. The Indiana Department of Child Services (NFP)
29A02-1301-JT-89
Juvenile. Affirms termination of parental rights.

Robert J. Winings v. State of Indiana (NFP)
20A03-1301-PC-26
Post conviction. Affirms denial of post-conviction relief from 40-year executed sentence for convictions of Class A felony dealing methamphetamine within 1,000 feet of a school and Class B felony dealing methamphetamine.

Robert Small v. State of Indiana (NFP)
48A04-1301-CR-38
Criminal. Affirms revocation of probation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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