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Opinions Dec. 5, 2012

7th Circuit Court of Appeals
United States of America v. Gregory Wolfe
11-3281
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms convictions of bank theft and interstate transportation of stolen goods for Wolfe’s role in a copper theft scheme and his 88-month sentence, followed by concurrent three-year terms of supervised release, and order of more than $3 million in restitution. Wolfe argued that he was deprived of a fair trial because of statements the prosecutor made during closing argument. He also challenged the sentence and restitution order. Wolfe’s contentions lack merit.

7th Circuit upholds $3M restitution order for copper theft

The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.

Judges affirm 911 recording properly admitted as evidence

Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.

COA not persuaded by defendant’s claims on appeal

The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.

Refusal to give jury instruction not harmless error

A trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement be overturned, the Indiana Court of Appeals held Wednesday.

Mother’s consent to adoption not required

The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.

Court split over valid ID requirement for name change

The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.

IBA: Got a question? ‘Safe Ask’ has an answer

Have you ever had a question that you couldn’t answer, and didn’t feel comfortable asking a colleague at your firm or even a close friend? Perhaps you’re in a solo practice and aren’t quite sure where to turn … or maybe you just need a second opinion on a course of action.

IBA Frontlines

News from around the IndyBar for Dec. 7-20.

Chinn: What I’m Thankful For

With Thanksgiving meals, family gatherings and football games barely visible in the rear view mirror, I want to get my thoughts of holiday thankfulness in just under the wire. In full disclosure, I’m focused here on three things about which I am most thankful for the Indianapolis Bar Association.

IBA: Around the Bar

The month of November has officially passed, but it wasn’t without an impressive array of social events, educational programming and special opportunities for both IndyBar members and the legal community.

DTCI’s Indiana Civil Litigation Review

The DTCI’s flagship publication, the Indiana Civil Litigation Review, will be distributed soon. Members and subscribers can anticipate another issue full of valuable information and analyses by leaders of Indiana’s defense bar.

Why Join DTCI?

The Defense Trial Counsel of Indiana explains why attorneys should join the organization, including first-hand insight and a free DRI membership.

Bar Crawl – 12/7/12

Students from 12 Indiana high schools and middle schools will again be showcasing their knowledge of the U.S. Constitution in the annual “We The People” competition.

Law School Briefs – 12/7/12

Golden Dome alumnus awarded a fellowship with solicitor general; I.U. Maurer to collaborate with 2 Brazilian schools of law.

On the Move – 12/7/12

Read who’s joined Indiana firms, been appointed to boards and received awards.