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Opinions July 23, 2014

July 23, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Haitham Mohamed
13-2368
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Reverses conviction of knowingly transporting and possessing contraband cigarettes. The District Court erred in denying Mohamed’s motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29.

Wednesday’s opinions
Indiana Court of Appeals

Willie L. Montgomery v. State of Indiana
82A05-1401-CR-34
Criminal. On interlocutory appeal, rejects Montgomery’s challenge of the denial of his motion to dismiss a charge of failure to register as a sex or violent offender in Vanderburgh County because he has already been prosecuted for failing to register in Pike County. The charge in question is not barred under I.C. 35-34-1-4(a)(7) and does not violate double jeopardy principles. Remands for trial.

Joseph Laycock v. Joseph Sliwkowski, M.D.
79A04-1310-CT-521
Civil tort. Affirms summary judgment in favor of Sliwkowski on Laycock’s complaint that the doctor had a duty to see that Laycock obtained proper treatment.  The designated evidence does not establish a genuine issue of material fact on the issue of causation.

Briandre Q. Howard v. State of Indiana (NFP)
02A03-1310-CR-428
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Joseph Chadwick Cole v. State of Indiana (NFP)
69A05-1402-CR-92
Criminal. Affirms revocation of probation.

In Re: the Termination of the Parent-Child Relationship of: S.J. (Minor Child), And D.C. (Father) v. The Indiana Department of Child Services (NFP)
02A04-1312-JT-646
Juvenile. Affirms order terminating parental rights.

Freemond Jordan v. State of Indiana (NFP)
71A04-1310-CR-540
Criminal. Affirms convictions of murder and Class B felony attempted robbery.

Walter J. Bramage v. Discover Bank (NFP)
45A04-1312-CC-636
Civil collection. Affirms summary judgment in favor of Discover Bank.

David Jastrzembski v. State of Indiana (NFP)
71A03-1312-CR-481
Criminal. Affirms conviction of Class D felony check fraud.

Joseph R. Mosley v. State of Indiana (NFP)
87A01-1312-CR-530
Criminal. Affirms sentence following guilty plea to 23 counts of Class D felony theft.

Shannon Goodman v. State of Indiana (NFP)
22A01-1401-CR-5
Criminal. Affirms sentence following guilty plea to Class A felony burglary resulting in bodily injury.

Adam Trusty and Brittany Trusty v. David L. Hood (NFP)
08A05-1309-CC-466
Civil collection. Affirms claim of breach of contract to sell residential real estate against the Trustys.

Delvon Tolbert v. State of Indiana (NFP)
20A05-1310-CR-564
Criminal. Affirms conviction of Class C felony forgery.

Adam Taylor v. State of Indiana (NFP)
49A05-1311-CR-566
Criminal. Affirms denial of Taylor’s motion to suppress evidence seized during a search of his vehicle and his sentence for Class B felony possession of a firearm by a serious violent felon, Class D felony dealing in marijuana, Class D felony possession of a controlled substance and Class A misdemeanor resisting law enforcement.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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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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