Opinions Sept. 9, 2013
Criminal. Affirms conviction and 480-month sentence for distributing child pornography, possessing child pornography and tampering with a witness. Addresses the issues Eads raises on appeal but upholds the decision of the U.S. District Court of the Southern District of Indiana, Indianapolis Division. Finds the district court did not abuse its discretion in allowing Eads to represent himself; the conviction for witness tampering was supported by the evidence; a new trial is not warranted because no new evidence has been discovered; and the discussion of 18 U.S.C. 3553 factors at sentencing was sufficient. Agrees with Eads that the district court erred in not thoroughly explaining on the record why it allowed images to be shown to the jury but rules the error is harmless because the additional evidence against him was overwhelming.
United States of America v. Christopher Spears
Criminal. Affirms in part, reverses in part and remands for resentencing on convictions of producing false identification and unlawful possession of false identification. Holds that the federal aggravated identity theft statute USC §1028A’s reference to “another person” may not be extended to fake ID bearing the true name of the recipient, and therefore vacates conviction and two-year sentence.
Indiana Court of Appeals
In the Matter of S.L., and J.L., Children Alleged to be Children In Need of Services, S.B.-L., Mother v. Indiana Department of Child Services (NFP)
Juvenile. Affirms determination that J.L and S.L. are children in need of services.
Jerry Williams v. State of Indiana (NFP)
Post-conviction. Affirms 55-year aggregate sentence imposed by post-conviction relief court on a Class A felony count of criminal deviate conduct and four counts of Class B criminal deviate conduct.
Boubacarr Moussa v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony failure to stop after an accident causing serious bodily injury.
Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Monday.