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Opinions July 17, 2014

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Lorenzo Mosley
13-3184
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms revocation of Mosley’s supervised release after judge found Mosley had committed the alleged violations, which included dealing cocaine, and sentence to 21 months in prison. The District Court erred in admitting a hearsay statement without finding there was “good cause,” but the error was harmless.

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Admittance of hearsay evidence harmless error, rules 7th Circuit

The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.

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COA clarifies and affirms original opinion in environmental cleanup case

The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.

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Justices uphold $94,000 in damages, fees for failed condo sale

The Indiana Supreme Court agreed with the trial court that a seller of a condo whose buyers backed out of the purchase agreement over failed repairs could have mitigated her damages by selling the condo in 2007 to a different buyer instead of waiting until 2011 and accepting a lower price.

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Opinions July 16, 2014 ILD

Indiana Court of Appeals
M.G. v. State of Indiana (NFP)
49A04-1311-JV-535
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.

Hubert Cook Mayhugh III v. State of Indiana (NFP)
82A01-1312-CR-531
Criminal.  Affirms conviction of felony murder and reverses Mayhugh’s Class D felony theft conviction. Affirms 60-year sentence.  

In the Matter of K.L., K.L., and K.G., C.L. v. Indiana Department of Child Services (NFP)
49A02-1310-JC-894
Juvenile. Affirms order adjudicating the three children as children in need of services.

Randell Lee v. State of Indiana (NFP)
31A01-1401-CR-10
Criminal. Affirms convictions of Class C felony neglect of a dependent and four counts of Class A misdemeanor cruelty to an animal.

Connie Hinsenkamp, Town of Seelyville Clerk-Treasurer v. Seelyville Town Council; Jerry Jones, Council President; Jerry Reynolds, Council Member; and John Wade, Council Member (NFP)
84A01-1309-CC-408
Civil collection. Affirms partial denial of Hinsenkamp’s motion for summary judgment on the issues of compensation, her authority to discharge a town employee and the forfeiture of town council positions.

Marvin Strong v. State of Indiana (NFP)
84A04-1401-CR-9
Criminal. Affirms revocation of placement in community corrections.

Ashley N. Lemon v. State of Indiana (NFP)
92A03-1310-CR-419
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Maurice Amos, Jr. v. State of Indiana (NFP)
27A02-1309-CR-840
Criminal. Affirms convictions of felony murder, Class A felony attempted murder and Class D felony receiving stolen auto parts, and finding Amos is a habitual offender.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

 

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Opinions July 16, 2014

7th Circuit Court of Appeals
United States of America v. Martin J. Jonassen
13-1410
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Mood.
Criminal. Affirms convictions and sentence for kidnapping and obstruction of justice. The District Court properly declined to conduct a competency hearing. Although Jonassen asserted bizarre legal theories based on his claim of “sovereign citizenship,” that alone does not provide a reason to doubt his competence to stand trial, and the record does not otherwise suggest that he lacked the ability to understand the proceedings. The court’s evidentiary ruling was also sound. The government laid an ample foundation for admission of the hearsay statements under Rule 804(b)(6); the evidence established that Jonassen used bribery, guilt and various forms of psychological intimidation to procure his daughter’s unavailability. Finally, because he did not request Jencks Act material before the close of trial, his claim for relief under the Act necessarily fails.

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Owner of Anderson location yanks suit against Motel 6

Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t –  withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.

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Judges uphold felony conviction for kicking cat

The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.

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Interest rate charged by bank upheld by Court of Appeals

The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.

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