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Opinions July 23, 2014

July 23, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Haitham Mohamed
13-2368
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Reverses conviction of knowingly transporting and possessing contraband cigarettes. The District Court erred in denying Mohamed’s motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29.

Wednesday’s opinions
Indiana Court of Appeals

Willie L. Montgomery v. State of Indiana
82A05-1401-CR-34
Criminal. On interlocutory appeal, rejects Montgomery’s challenge of the denial of his motion to dismiss a charge of failure to register as a sex or violent offender in Vanderburgh County because he has already been prosecuted for failing to register in Pike County. The charge in question is not barred under I.C. 35-34-1-4(a)(7) and does not violate double jeopardy principles. Remands for trial.

Joseph Laycock v. Joseph Sliwkowski, M.D.
79A04-1310-CT-521
Civil tort. Affirms summary judgment in favor of Sliwkowski on Laycock’s complaint that the doctor had a duty to see that Laycock obtained proper treatment.  The designated evidence does not establish a genuine issue of material fact on the issue of causation.

Briandre Q. Howard v. State of Indiana (NFP)
02A03-1310-CR-428
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Joseph Chadwick Cole v. State of Indiana (NFP)
69A05-1402-CR-92
Criminal. Affirms revocation of probation.

In Re: the Termination of the Parent-Child Relationship of: S.J. (Minor Child), And D.C. (Father) v. The Indiana Department of Child Services (NFP)
02A04-1312-JT-646
Juvenile. Affirms order terminating parental rights.

Freemond Jordan v. State of Indiana (NFP)
71A04-1310-CR-540
Criminal. Affirms convictions of murder and Class B felony attempted robbery.

Walter J. Bramage v. Discover Bank (NFP)
45A04-1312-CC-636
Civil collection. Affirms summary judgment in favor of Discover Bank.

David Jastrzembski v. State of Indiana (NFP)
71A03-1312-CR-481
Criminal. Affirms conviction of Class D felony check fraud.

Joseph R. Mosley v. State of Indiana (NFP)
87A01-1312-CR-530
Criminal. Affirms sentence following guilty plea to 23 counts of Class D felony theft.

Shannon Goodman v. State of Indiana (NFP)
22A01-1401-CR-5
Criminal. Affirms sentence following guilty plea to Class A felony burglary resulting in bodily injury.

Adam Trusty and Brittany Trusty v. David L. Hood (NFP)
08A05-1309-CC-466
Civil collection. Affirms claim of breach of contract to sell residential real estate against the Trustys.

Delvon Tolbert v. State of Indiana (NFP)
20A05-1310-CR-564
Criminal. Affirms conviction of Class C felony forgery.

Adam Taylor v. State of Indiana (NFP)
49A05-1311-CR-566
Criminal. Affirms denial of Taylor’s motion to suppress evidence seized during a search of his vehicle and his sentence for Class B felony possession of a firearm by a serious violent felon, Class D felony dealing in marijuana, Class D felony possession of a controlled substance and Class A misdemeanor resisting law enforcement.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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