ILNews

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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  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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