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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. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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