Opinions Aug. 5, 2010

August 5, 2010
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7th Circuit Court of Appeals

United States of America v. Adam Williams
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms convictions of and sentence for illegal possession of a firearm as a felon and various drug distribution offenses. Williams couldn’t satisfy his burden under either prong of the Strickland standard, so the District Court’s refusal to investigate further his perceived problems with his attorney is a harmless abuse of discretion. Because Williams was convicted of a violent felony, his claim that Section 922(g)(1) unconstitutionally infringes on his right to possess a firearm is without merit.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Alva Curtis v. State of Indiana
Criminal. Reverses denial of Curtis’ motion to dismiss and discharge criminal proceedings. It is undisputed that he is mentally ill and disabled to an extent that he will never recover and become competent to stand trial. It was a violation of his due process rights to deny his motion.

State of Indiana v. Genaro Luna
Criminal. Affirms acquittal on eight counts of child molesting. Waives state’s question of law about whether the trial court should not have admitted evidence of the victim’s previous allegations of molesting against someone who was not charged. Also, because factual determinations are not appropriate on appeal as a reserved question of law, declines to review the trial court’s decision to admit the evidence.

Indiana Bureau of Motor Vehicles v. Seth McNeil
Miscellaneous. Reverses order reinstating McNeil’s driving privileges, which had been suspended for 10 years after he was found to be a habitual traffic violator. The two-year statute of limitations under Indiana Code Section 34-11-2-4 does not apply.

Stephanie Deel v. Conrad Deel (NFP)
Civil. Reverses calculation of Conrad Deel’s arrearage. Affirms in all other respects. Remands for further proceedings.

Jerimiah Morris v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony possession of marijuana.

Ellington Jeffrey, et al. v. Kirsh and Kirsh, et al. (NFP)
Civil tort. Affirms trial court properly dismissed the New York law firm for lack of personal jurisdiction in adoption case.

Agnes Jones v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor criminal recklessness.

Edward Broadus, Jr. v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony forgery, and resisting law enforcement, a Class D felony upon which judgment was entered as a Class A misdemeanor.

Warren Rodrick Bullock v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony criminal confinement and reverses conviction of Class D felony domestic battery. Remands for trial court to enter a conviction for the lesser included offense of Class A misdemeanor domestic battery and sentence Bullock accordingly.

Billy D. Taylor v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class C felony sexual misconduct with a minor.

Myron Rickman v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to eight counts of Class A felony child molesting, one count of Class C felony child molesting, and one count of Class C felony criminal confinement.

R.J. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
Civil. Affirms decision that R.J. left work without good cause.

Term. of Parent-Child Rel. of N.B. and V.B.; S.E.S. v. IDCS (NFP)
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues