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Opinions Feb. 10, 2014

February 10, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Friday.
United States of America v. Timmothy Williams
13-1260
Criminal. Vacates sentence for convictions related to identity theft and remands to the District Court. In accordance with the ruling in Peugh v. United States, 133 S. Ct. 2072, 2078 (2013), sentencing guidelines that were stricter than those in place at the time Williams committed the crime were improperly applied when he was sentenced to 56 months in prison for identity theft convictions plus 24 months for aggravated identity theft. Remands to sentence Williams to 30 to 37 months in prison – the range under the guidelines in place at the time of his offenses.

Indiana Court of Appeals
Amy R. Hockett v. State of Indiana (NFP)
89A05-1304-CR-174
Criminal. Affirms conviction and 60-year sentence for murder.

Jonathon Harris v. State of Indiana (NFP)
29A02-1307-CR-655
Criminal. Affirms probation revocation.

Jeffery L. Fleenor, Sr. v. State of Indiana (NFP)
88A01-1307-CR-296
Criminal. Affirms denial of motion to withdraw guilty plea to a charge of Class B felony possession of a firearm by a serious violent felon.

Larry K. Croucher II v. State of Indiana (NFP)
05A02-1302-CR-172
Criminal. Affirms conviction of Class D felony maintaining a common nuisance.

Darin M. Wilson v. State of Indiana (NFP)
84A01-1309-CR-382
Criminal. Affirms 40-year sentence for conviction of Class B felony robbery and habitual offender enhancement.

Charles Thompson v. State of Indiana (NFP)
34A05-1211-CR-578
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and two Class D felony counts of possession of a controlled substance.

Aguila Binion v. State of Indiana (NFP)
71A05-1306-CR-292
Criminal. Affirms conviction of Class D felony strangulation.

The Indiana Supreme Court and Tax Court issued to opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no opinions Monday prior to IL deadline.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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