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Opinions Dec. 3, 2012

December 3, 2012
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7th Circuit Court of Appeals
U.S. v. Jwuan L. Moreland, Antrio B. Hammond, Wesley S. Hammond, Susie A. Smith, Herbert D. Phipps, David J. Pitts, Bradley S. Shelton, Michael D. Weir and Timothy Bailey
11-2546, 11-2552, 11-2632, 11-2633, 11-2696, 11-3146, 11-3319, 11-3321, 11-3367
Criminal. Affirms convictions and varying sentences for conspiracy to distribute methamphetamine and marijuana, as well as for felons in possession of a firearm for two defendants. The circuit court made separate findings of fact for each defendant in affirming the convictions and sentence.

Indiana Court of Appeals
State of Indiana v. Terry J. Hough
64A05-1203-MI-113
Criminal. Affirms trial court’s grant of a petition that Hough’s name be removed from the Indiana Sex Offender Registry, holding that requiring him to register for a Pennsylvania rape committed before the establishment of the registry would violate the Indiana Constitution’s prohibition of ex post facto laws.

Mark Graber v. State of Indiana (NFP)
49A02-1205-CR-365
Criminal. Vacates and remands to the trial court with instructions to clarify the chronological case summary. The court is to enter an order confirming that a single public defender fee of $50 was imposed at the initial hearing and all sums previously paid are credited against that amount due and owing.

Monica Leigh Fortner v. Paul Leon Fortner, III (NFP)
84A01-1204-DR-162
Domestic relations/custody. Affirms award of joint custody of the Fortners’ 2-year-old daughter, S.F.


 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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