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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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