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Opinions Aug. 5, 2010

August 5, 2010
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7th Circuit Court of Appeals

United States of America v. Adam Williams
09-3174
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
49A02-0911-CR-1106
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
09A02-0907-CR-694
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
02A03-1001-MI-90
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)
73A01-0912-CV-606
Civil. Reverses calculation of Conrad Deel’s arrearage. Affirms in all other respects. Remands for further proceedings.

Jerimiah Morris v. State of Indiana (NFP)
34A05-1001-CR-16
Criminal. Affirms sentence following guilty plea to Class D felony possession of marijuana.

Ellington Jeffrey, et al. v. Kirsh and Kirsh, et al. (NFP)
45A03-1001-CT-31
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)
49A02-0912-CR-1283
Criminal. Affirms conviction of Class B misdemeanor criminal recklessness.

Edward Broadus, Jr. v. State of Indiana (NFP)
71A03-1003-CR-158
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)
32A01-0908-CR-401
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)
52A05-1002-CR-84
Criminal. Affirms sentence following guilty plea to Class C felony sexual misconduct with a minor.

Myron Rickman v. State of Indiana (NFP)
27A04-1002-CR-80
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)
93A02-1002-EX-243
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)
18A02-1001-JT-9
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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