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Opinions Jan. 3, 2012

January 3, 2012
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7th Circuit Court of Appeals
United States v. Jason Smith
Northern District of Indiana, South Bend Division. U.S. Judge Robert Miller, Jr.
11-2016
Criminal. Affirms District Court’s denial of motion to suppress evidence and motion for acquittal for a man convicted of being a felon in possession of a firearm, possessing crack cocaine with intent to deliver and possessing a firearm in furtherance of a drug transaction. The court rejected arguments that Jason Smith didn’t commit a traffic infraction and that the government constructively amended his indictment about when the traffic stop occurred.

The Indiana Supreme and Indiana Tax Court had issued no opinions by IL deadline.

Indiana Court of Appeals

Steven Jackson v. State of Indiana
31A01-1109-PC-412
Post conviction. Affirms court’s order partially granting a post-conviction relief petition but denying appellant-defendant’s request to accept a proffered agreement in that PCR proceeding. Holds the post-conviction court wasn’t required to accept the requirement because a PCR proceeding isn’t the equivalent of a civil proceeding and the Indiana Supreme Court has said a post-conviction court has final authority in accepting agreements.

Deborah L. Dysert v. Review Board of the Indiana Dept. of Workforce Development and the Indiana Supreme Court (NFP)
93A02-1105-EX-392
Civil. Affirms determination of Review Board of the Indiana Department of Workforce Development that Dubois County Chief Deputy Prosecutor Deborah Dysert’s employer discharged her for just cause.

Robert O. Broyles v. State of Indiana (NFP)
48A02-1103-CR-338
Criminal. Affirms trial court’s aggregate eight-year sentence for a man convicted of voyeurism, child solicitation and sexual misconduct with a minor.

Daniel Minnick v. State of Indiana (NFP)
92A03-1106-CR-228
Criminal. Affirms two misdemeanor drunk driving convictions and a speeding infraction on grounds that sufficient evidence existed and the trial court didn’t violate a defendant’s federal and state rights to confrontation when admitting a breath test instrument into evidence without live testimony from the technician who inspected the device.

Thomas Curry v. State of Indiana (NFP)
49A02-1106-CR-551
Criminal. Affirms a Class C felony burglary conviction on grounds that sufficient evidence existed to support the conviction.

Edward Chandler v. State of Indiana (NFP)
49A05-1107-PC-396
Post conviction. Affirms the denial of a successive petition for post-conviction relief on grounds that the evidence would lead to an opposite conclusion than that reached by the court.
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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