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Opinions Jan. 9, 2013

January 9, 2013
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7th Circuit Court of Appeals
United States of America v. Michael D. Weir
11-3321
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. All the judges on the original panel have voted to deny the petition for rehearing and no judge in regular active service asked for a vote on the petition for rehearing en banc. The petition is therefore denied. Weir complained that his Fourth Amendment rights were violated when a police officer seized $6,655 from him during a traffic stop.

Indiana Court of Appeals
Jeffrey A. Hanauer v. Colleen T. Hanauer
79A04-1205-PO-271
Protective order. Affirms issuance of a protective order against Jeffrey Hanauer as there is sufficient evidence to support the trial court’s issuance of the protective order after finding the wife is a victim of domestic violence.

Aaron Johnson v. State of Indiana (NFP)
32A01-1206-CR-270
Criminal. Affirms conviction of Class D felony battery.

Marty L. Armes v. State of Indiana (NFP)
28A01-1207-CR-299
Criminal. Affirms probation conditions are not ambiguous, overbroad, unconstitutionally vague or unreasonable, and the trial court’s sentence for two counts of Class B felony sexual misconduct with a minor is not inappropriate.

Brian E. Green v. State of Indiana (NFP)
63A04-1203-CR-141
Criminal. Affirms interlocutory order denying motion to suppress evidence seized after officers stopped the vehicle in which Green was a passenger.
 
Jack Lee v. State of Indiana (NFP)
29A02-1205-CR-384
Criminal. Affirms conviction and sentence for Class A misdemeanor operating a vehicle while intoxicated.

Troy Crim v. State of Indiana (NFP)
49A02-1204-CR-276
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.

Gerald Mickens v. State of Indiana (NFP)
49A02-1112-PC-1162
Post conviction. Affirms denial of petition for post-conviction relief.

Juan C. Duarte-Lopez v. State of Indiana (NFP)
20A03-1205-PC-238
Post conviction. Affirms denial of petition for post-conviction relief.
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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