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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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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