The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Michael B. Adams v. State of Indiana
29S02-1109-CR-542
Criminal. Affirms suspension of Adams’ driver’s license, registration and the ability to register other vehicles
following his conviction of possession of marijuana. The state must demonstrate that a defendant made more than an incidental
use of a motor vehicle in committing his offense, but once the state makes this showing, then a trial court must order the
defendant’s driver’s license, registration and ability to register other vehicles suspended. The court may exercise
its discretion only in setting the length of that suspension.
Friday’s opinions
7th Circuit Court of Appeals
Larry
Davis v. Kris Ockomon, et al.
10-2589
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the position of senior humane officer for the city of Anderson was a policymaking position and
therefore Davis could be dismissed for political reasons. City ordinances authorized the senior humane officer to exercise
policymaking discretion.
United
States of America v. Gregory G. Eller
10-2465
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms conviction of possession of a firearm in furtherance of a drug-trafficking crime. Rejects Eller’s
18 U.S.C. Section 924(c) void-for-vagueness claim and states there was sufficient evidence to support the conviction.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Elmer J. Bailey v. State of Indiana (NFP)
49A02-1106-CR-487
Criminal. Reverses conviction of Class D felony domestic battery and remands with instructions to enter judgment of conviction
for Class B misdemeanor battery and for resentencing.
John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City
of Peru and Peru Common Council (NFP)
52A02-1106-PL-540
Civil plenary. Affirms trial court finding that no taking occurred by Peru Utilities, the city of Peru and Peru Common Council
and decision to not enter a declaratory judgment order as to the rights and obligations of the trust and the defendants with
regard to payment of fees.
Roslyn Adkins v. State of Indiana (NFP)
49A02-1107-CR-626
Criminal. Affirms convictions of and sentence for Class C felony battery, enhanced for the use of a deadly weapon.
Jerry Williams v. State of Indiana (NFP)
33A01-1105-CR-209
Criminal. Affirms denial of motion for a new trial.














Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!