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Opinions July 30, 2010

July 30, 2010
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7th Circuit Court of Appeals
United States of America v. Anthony L. Vaughn
09-3789
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Criminal. Affirms 180-month sentence after pleading guilty to committing aggravated assault on a federal officer. The District Court reasonably explained why the sentence that was outside the guidelines range was appropriate.

Christopher Parish, et al. v. City of Elkhart, et al.
09-2056
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Civil. Reverses dismissal of his claim for intentional infliction of emotional distress. Under Indiana’s adoption of Heck, Parish could not have brought these claims until his conviction was disposed of in a manner favorable to him. Parish brought his claim within two years of when the claim accrued upon his exoneration, thereby making the claim timely. Affirms dismissal of false arrest and false imprisonment claims.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert L. Gosha v. State of Indiana
48A02-0912-CR-1210
Criminal. Reverses denial of motion to correct error. Gosha was denied the right to due process when his participation in a Drug Court Program was ended without the court first affording him notice of a hearing and the right to present evidence and cross-examine witnesses at that hearing. Remands with instructions.

William Foster v. State of Indiana (NFP)
49A04-0908-CR-435
Criminal. Affirms convictions of Class A felony neglect of a dependent and Class C felony reckless homicide.

In the matter of the marriage of : L.S. v. J.H. (NFP)
41A04-0910-CV-605
Civil. Reverses trial court order that ordered father is not required to enroll C.H. in gymnastics during his extended summer parenting time in Indiana or contribute to the expenses associated with gymnastics. Remands with further instructions. Affirms decree of modification in all other respects.

Christopher W. Hovis v. State of Indiana (NFP)
92A03-0910-CR-487
Criminal. Dismisses belated appeal of convictions of and sentence for Class C felony assisting a criminal and a habitual offender enhancement.

Geronimo Montalvo v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07301001lmb.pdf
12A05-0910-CR-597
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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