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Opinions Aug. 11, 2010

August 11, 2010
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7th Circuit Court of Appeals
United States of America v. Eddie Lamar Carlisle
10-1173
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms denial of motion to suppress. Carlisle didn’t have a privacy interest in the bag he was carrying, which contained drugs and paraphernalia, when police came to the house during a drug sweep. The officers had reasonable suspicion to believe that criminal activity was occurring and that Carlisle was armed and dangerous, thereby making the initial stop proper.

United States of America v. Robert J. Cantrell
09-1856
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms 78-month sentence for committing honest services fraud, using position in public office to steer contracts to a third party in exchange for kickbacks, and other convictions. The honest services fraud counts are not unconstitutionally vague and the judge addressed Cantrell’s arguments for leniency.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mary Beth & Perry Lucas v. U.S. Bank, N.A., et al.
28A01-0910-CV-482
Civil. Reverses denial of the Lucases’ motion for a jury trial on their counterclaims and third-party claims against their mortgage holder and loan servicer. The essential features of the cause are not equitable. Remands with instructions they be granted a jury trial on their legal causes of actions.

D.H. v. State of Indiana
49A05-1002-JV-92
Juvenile. Affirms adjudication for committing what would be Class D felony battery if committed by an adult. The doctrine of transferred intent supports the delinquency finding. Because D.H. admitted he intended to punch the other student, the fact he mistakenly hit his teacher cannot act as a defense.

Brian N. Stearman v. State of Indiana (NFP)

29A02-1002-CR-214
Criminal. Affirms conviction of Class C felony child solicitation.

Paternity of I.H.; R.P. v. C.H. (NFP)
84A04-1004-JP-237
Juvenile. Affirms order finding R.P. to be father of I.H. and requiring father to pay $47 per week in child support plus an arrearage of $7,238.

Devon Sterling v. State of Indiana (NFP)
49A05-0910-CR-606
Criminal. Affirms conviction of murder.

Paternity of C.T.; J.M. v. R.T. (NFP)
33A01-1003-JP-184
Juvenile. Affirms order granting father R.T.’s motion for relief from judgment.

Term. of Parent-Child Rel. of J..; J.L. v. I.D.C.S. (NFP)
34A02-1001-JT-209
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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