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Opinions July 6, 2012

July 6, 2012
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Indiana Supreme Court and Indiana Tax Court released no opinions before IL deadline.

7th Circuit Court of Appeals
U.S. v. Justin Cephus, Jovan Stewart, and Stanton L. Cephus
10-3838, 10-3840, 11-1098
Criminal. Affirms in a case involving conspiracy to entice underage girls to engage in prostitution and transport them across state lines the life sentences without parole of multiple convictions for Justin and Stanton Cephus. The order remands to the trial court to enable the judge to reconcile a discrepancy in Stewart’s sentence of 324 months in federal prison. The judge said Stewart’s sentences were to be served consecutively; the written order indicates the sentences are concurrent.

U.S. v. Armando Mota
10-1486
Criminal. Affirms Mota’s conviction of attempting to distribute 500 grams or more of cocaine and possessing with intent to distribute 500 grams or more of cocaine, holding that while a government agent failed to record and relay exculpatory evidence, Mota was not denied a fair trial because he learned of the evidence and presented it to the jury.

Indiana Court of Appeals
Charles Hazelbaker v. State of Indiana (NFP)
53A05-1111-CR-636
Criminal. Affirms trial court conviction of Class C felony incest and determination of defendant as a habitual offender.

Santos C. Lopez v. State of Indiana (NFP)
71A03-1109-CR-480
Criminal. Affirms trial court conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

In the Paternity of: A.R. & P.H., by Next Friend, Tammy Raab; Christopher Hall v. Tammy Raab (NFP)
49A05-1111-JP-577
Domestic relations/child support. Affirms trial court calculation of father’s child support payments to mother.

Alea London, Ltd. v. Richard Nagy, Jr., and Christopher Buckler (NFP)
45A05-1202-CT-83
Civil tort. Reverses and remands the trial court grant of summary judgment for Nagy and Butler and orders entry of summary judgment in favor of Alea London Ltd.

James Daher, Jr. v. State of Indiana (NFP)
56A03-1201-CR-32
Affirms trial court denial of motion for relief from judgment of conviction of Class B felony conspiracy to commit escape with a deadly weapon.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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