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Opinions Feb. 10, 2014

February 10, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Friday.
United States of America v. Timmothy Williams
13-1260
Criminal. Vacates sentence for convictions related to identity theft and remands to the District Court. In accordance with the ruling in Peugh v. United States, 133 S. Ct. 2072, 2078 (2013), sentencing guidelines that were stricter than those in place at the time Williams committed the crime were improperly applied when he was sentenced to 56 months in prison for identity theft convictions plus 24 months for aggravated identity theft. Remands to sentence Williams to 30 to 37 months in prison – the range under the guidelines in place at the time of his offenses.

Indiana Court of Appeals
Amy R. Hockett v. State of Indiana (NFP)
89A05-1304-CR-174
Criminal. Affirms conviction and 60-year sentence for murder.

Jonathon Harris v. State of Indiana (NFP)
29A02-1307-CR-655
Criminal. Affirms probation revocation.

Jeffery L. Fleenor, Sr. v. State of Indiana (NFP)
88A01-1307-CR-296
Criminal. Affirms denial of motion to withdraw guilty plea to a charge of Class B felony possession of a firearm by a serious violent felon.

Larry K. Croucher II v. State of Indiana (NFP)
05A02-1302-CR-172
Criminal. Affirms conviction of Class D felony maintaining a common nuisance.

Darin M. Wilson v. State of Indiana (NFP)
84A01-1309-CR-382
Criminal. Affirms 40-year sentence for conviction of Class B felony robbery and habitual offender enhancement.

Charles Thompson v. State of Indiana (NFP)
34A05-1211-CR-578
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and two Class D felony counts of possession of a controlled substance.

Aguila Binion v. State of Indiana (NFP)
71A05-1306-CR-292
Criminal. Affirms conviction of Class D felony strangulation.

The Indiana Supreme Court and Tax Court issued to opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no opinions Monday prior to IL deadline.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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