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Opinions Aug. 4, 2014

7th Circuit Court of Appeals
Bruce Carneil Webster v. John F. Caraway, Warden, United States Penitentiary, Terre Haute
14-1049
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms dismissal of Webster’s petition for collateral relief under 28 U.S.C. Section 2241. Agrees with District Court’s decision that the petition is blocked by Section 2255(e), under which Webster had previously sought collateral relief in the Fifth Circuit Court of Appeals, the circuit where he had committed his crime.

Indiana Court of Appeals

Death row inmate denied relief by 7th Circuit

An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.

Executives choose to do a ‘digital detox’

With the advent of the smartphone, people now never really leave work. But a growing number of people are now seeking a kind of digital detox at least once a year by unplugging all of their devices. It’s a decision that creates anxiety, but one executive who recently did it said the payoff was priceless. Read more at IBJ.com (subscription required). 

Opinions Aug. 1, 2014 ILD

The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline.
 

Opinions Aug. 1, 2014

7th Circuit Court of Appeals
United States of America v. Constantino Cejas and Nicholas Ceja
12-3896 & 13-1034
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson
Criminal. Affirms brothers’ convictions for conspiring to distribute drugs, possessing and distributing 50 grams or more of methamphetamine and possessing a firearm to further their drug activity. Also affirms Constantino’s sentence of 480 months imprisonment. Rules the video taken outside the home where the drug deal occurred was properly authenticated and was not barred by Federal Rule of Evidence 403. Finds there was sufficient evidence to convict Nicholas for possession with intent to distribute and distribution of methamphetamine. Finally, concludes Constantino’s second firearm possession conviction did not violate double jeopardy and congressional intent.

Testimony properly authenticates video

A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.

Two promoted in state attorney general’s office

Former Chief Deputy Attorney General Gary Secrest will take over as assistant attorney general, a new post. Deputy Attorney General Matt Light will succeed Secrest as the chief deputy attorney general.

District courts warn of new juror scam

Once again, the federal courts are warning of a juror scam designed to trick unsuspecting people into giving their personal information.

Minkler promoted to acting U.S. Attorney

Josh J. Minkler, 51, was named Friday to lead the federal prosecutor’s office for the Southern District of Indiana. As acting U.S. attorney, Minkler replaces former U.S. Attorney Joe Hogsett, whose final day on the job was Thursday.

State courts open bidding for e-filing manager

The Indiana Division of State Court Administration is soliciting competitive bids for a statewide electronic filing manager to assist with the coming requirement for electronic filing in trial courts.

Opinions July 31, 2014 ILD

Indiana Court of Appeals
Marlon D. McKnight v. State of Indiana (NFP)
20A03-1308-PC-333
Post conviction. Affirms denial of petition for post-conviction relief.

Tobin Pettiet v. State of Indiana (NFP)
02A03-1312-CR-510
Criminal. Affirms three-year sentence for pleading guilty to domestic battery, a Class D felony.

Joshua W. Sanford v. State of Indiana (NFP)
82A01-1312-CR-552
Criminal. Affirms conviction of theft, as a Class D felony.

Ronald Williams v. State of Indiana (NFP)
02A03-1311-CR-451
Criminal. Affirms conviction of murder and executed sentence of 65 years.

Terry Lee Carr v. State of Indiana (NFP)
90A05-1311-CR-548
Criminal. Affirms conviction of Class D felony theft.

Robert Hubbard v. State of Indiana (NFP)
02A05-1312-CR-622
Criminal. Affirms six-year aggregate sentence for pleading guilty to Class D felony residential entry and Class D felony invasion of privacy and status as a habitual offender.

Justin Stephens v. State of Indiana (NFP)
49A05-1312-CR-598
Criminal. Affirms conviction of Class B misdemeanor public intoxication.  

Mark McCoy v. State of Indiana (NFP)
49A05-1310-CR-531
Criminal. Affirms convictions for three counts of child molesting, Class A felonies, and one count each for criminal confinement, intimidation, and child molesting, all Class C felonies.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.  
 

Opinions July 31, 2014

Indiana Court of Appeals
William T. Calvert v. State of Indiana
32A01-1312-CR-535
Criminal. Reversed conviction of illegal consumption of alcohol by a minor, a Class C misdemeanor. Rules the trial court should have granted a continuance rather than try Calvert in absentia. Calvert, a private in the U.S. Army, was denied his constitutional right to be present at his trial because he was on deployment in Afghanistan when his hearing was held. Remands for a new trial.

Absence of a plan foils development proposal

A plan commission did not overstep its authority when it turned down a proposal to build a 300-unit apartment complex, in part, because the developer did not submit a preliminary plan for the project.

Asset forfeiture dispute divides appeals panel

An order transferring to the federal government money seized from a criminal defendant was deemed proper by the Indiana Court of Appeals Thursday, though a dissenting judge said the defendant didn’t even know the order had been issued until nearly two years later.