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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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