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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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