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Opinions March 5, 2014

March 5, 2014
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The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

United States of America v. Joseph C. Brownlee
13-2745
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms conviction of being a felon in possession of a gun and sentence of 60 months in prison. In order to convict him, the government had to prove the gun had been “shipped or transported in interstate or foreign commerce” which it did based on the testimony by a special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Indiana Supreme Court
The Honorable Kimberly J. Brown, Judge of the Marion Superior Court
49S00-1308-JD-560
Judicial discipline. Removes Kimberly Brown from the bench immediately after finding the evidence demonstrates that Brown engaged in significant judicial misconduct. Her law license is not suspended. Justice Rucker concurs in part, believing she should be suspended for 60 days without pay and subject to a period of probation before being removed.

Wednesday’s opinions
7th Circuit Court of Appeals

United States of America v. Carol Y. Woodard
12-3363
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Finds the District Court did not abuse its discretion by not ordering a second competency evaluation because the court reached a reasonable conclusion after it reviewed a previous psychological evaluation, considered the advice of two mental health professionals, and considered Woodard’s interactions with her attorney. Finds the District Court violated the ex post facto clause at sentencing by sentencing her under the wrong version of the sentencing guidelines. Remands for resentencing.

Indiana Court of Appeals
Lyndon C. Davis v. State of Indiana (NFP)
45A04-1304-CR-207
Criminal. Affirms murder conviction.

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

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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