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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. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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