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Opinions - June 8, 2010

June 9, 2010
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7th Circuit Court of Appeals
United States of America v. Mario Arita-Campos

09-2368
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Denies motion to dismiss Arita-Campos’ 2005 indictment of re-entry after deportation in violation of 8 U.S.C. Section 1326(a). He cannot establish any of the elements required under the section to collaterally attack the deportation order underlying the offense.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Aaron D. Norman, Sr. v. State of Indiana (NFP)
69A01-0906-PC-275
Post conviction. Affirms denial of petition for post-conviction relief and motion to correct error.

Andre Powell v. State of Indiana (NFP)

20A04-0909-PC-539
Post conviction. Affirms denial of petition for post-conviction relief.

Eugene L. Echols v. State of Indiana (NFP)
84A01-1001-CR-8
Criminal. Affirms sentence for Class A felony child molesting.

Dave Huckaby v. Jasper County Sheriff's Office (NFP)
37A05-0909-CV-511
Civil. Affirms grant of Jasper County Sheriff’s Office’s motion to dismiss Huckaby’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Lance Douglas v. State of Indiana (NFP)
22A01-0907-CR-337
Criminal. Vacates Douglas’ conviction of Class A felony robbery and remands with instructions to enter it as a Class B felony. Remands for the trial court to re-sentence him to 20 years, the statutory maximum for Class B felony robbery and that it’s served concurrently with his Class A felony attempted burglary conviction but consecutively with his felony murder sentence.

Christopher Hickey v. State of Indiana (NFP)
75A04-0912-CR-704
Criminal. Affirms sentence for Class B felony burglary but reverses and remands with regard to the restitution order.  

James Cashman v. The Gables at Brighton Point, HOA (NFP)

53A01-0907-CV-369
Civil. Reverses award of $89.11 to The Gables against Cashman and remands that it be vacated. Affirms all other aspects of the judgment in favor of The Gables in their suit for past dues and Cashman’s counterclaim for violating the Fair Debt Collect Act and failing to prove the validity of the disputed finance charges and late fees.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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