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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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