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Opinions Sept. 9, 2013

September 9, 2013
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Opinions Sept. 9, 2013

U.S. 7th Circuit Court of Appeals
United States of America v. Christopher Eads

12-2464
Criminal. Affirms conviction and 480-month sentence for distributing child pornography, possessing child pornography and tampering with a witness. Addresses the issues Eads raises on appeal but upholds the decision of the U.S. District Court of the Southern District of Indiana, Indianapolis Division. Finds the district court did not abuse its discretion in allowing Eads to represent himself; the conviction for witness tampering was supported by the evidence; a new trial is not warranted because no new evidence has been discovered; and the discussion of 18 U.S.C. 3553 factors at sentencing was sufficient. Agrees with Eads that the district court erred in not thoroughly explaining on the record why it allowed images to be shown to the jury but rules the error is harmless because the additional evidence against him was overwhelming.   

United States of America v. Christopher Spears
11-1683
Criminal. Affirms in part, reverses in part and remands for resentencing on convictions of producing false identification and unlawful possession of false identification. Holds that the federal aggravated identity theft statute USC §1028A’s reference to “another person” may not be extended to fake ID bearing the true name of the recipient, and therefore vacates conviction and two-year sentence.

Indiana Court of Appeals
In the Matter of S.L., and J.L., Children Alleged to be Children In Need of Services, S.B.-L., Mother v. Indiana Department of Child Services (NFP)

79A05-1303-JC-98
Juvenile. Affirms determination that J.L and S.L. are children in need of services.

Jerry Williams v. State of Indiana (NFP)
49A02-1302-PC-133
Post-conviction. Affirms 55-year aggregate sentence imposed by post-conviction relief court on a Class A felony count of criminal deviate conduct and four counts of Class B criminal deviate conduct.

Boubacarr Moussa v. State of Indiana (NFP)
49A05-1209-CR-449
Criminal. Affirms conviction of Class B felony failure to stop after an accident causing serious bodily injury.

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Monday.


 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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