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Opinions March 20, 2014

March 20, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Yulia Yurevna Abair
13-2498
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio
Criminal. Reverses conviction of violating a federal criminal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The government lacked a good-faith basis for believing that Bair lied on a tax return and financial aid forms, so the District Court erred by allowing the prosecutor to ask a series of accusatory and prejudicial questions about them under Fed. Rule of Ev. 608(b). Remands for a new trial. Judge Sykes dissents.

Thursday’s opinions
7th Circuit Court of Appeals

Zachary Mulholland v. Marion County Election Board
13-3027
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses dismissal of Mulholland’s lawsuit to enjoin Marion County Election Board proceedings relating to a slating violation and to enjoin the future enforcement of I.C. 3-14-1-2(a), the anti-slating law. The election board’s investigation is too preliminary a proceeding to warrant Younger abstention, at least in the wake of Sprint Communications, Inc. v. Jacobs, 134 S. Ct. 584 (2013). Even if Younger abstention were theoretically available after Sprint, the previous final federal judgment against the defendant Election Board holding the same statute facially unconstitutional would still amount to an extraordinary circumstance making Younger abstention inappropriate.

Indiana Court of Appeals
Kevin Moss v. State of Indiana
49A02-1307-CR-618
Criminal. Reverses denial of Moss’ motion to dismiss the enhancement to a Class C felony his charge of Class A misdemeanor possession of a handgun without a license due to a prior felony conviction that was later modified to a misdemeanor. Moss carried his burden of proving error because he had the prior felony reduced to a misdemeanor, so it could not support the enhancement.

Heritage Acceptance Corporation v. Chris L. Romine
71A03-1307-SC-283
Small claim. Affirms small claims court judgment in favor of Romine on Heritage Acceptance Corps.’ complaint to recover unpaid money owed on a car Romine financed. Under I.C. 26-1-2-102, the contract for payment of money is for a transaction of goods, so it is subject to the four-year statute of limitations. As such, Heritage’s complaint was not filed within that time frame.

In the Matter of the Termination of the Parent-Child Relationship of: A.H. & J.H. (Minor Children), and D.T. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1307-JT-378
Juvenile. Affirms order terminating father’s parental rights.

Dominique McClendon v. State of Indiana (NFP)
49A05-1307-CR-334
Criminal. Affirms convictions of two counts of Class C felony possession of a narcotic drug while in possession of a firearm.

Michael W. Gilliland v. Fifth Third Mortgage Company (NFP)
81A01-1307-MF-314
Mortgage foreclosure. Affirms summary judgment for Fifth Third Mortgage Co. on its foreclosure complaint.

Charles Washington v. State of Indiana (NFP)
49A02-1308-CR-679
Criminal. Affirms conviction of Class D felony pointing a firearm, but reverses conviction of Class D felony criminal mischief. Remands for trial court to enter judgment of conviction and sentence for criminal mischief as a Class B misdemeanor.

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

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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