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Opinions March 20, 2014

March 20, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Yulia Yurevna Abair
13-2498
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio
Criminal. Reverses conviction of violating a federal criminal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The government lacked a good-faith basis for believing that Bair lied on a tax return and financial aid forms, so the District Court erred by allowing the prosecutor to ask a series of accusatory and prejudicial questions about them under Fed. Rule of Ev. 608(b). Remands for a new trial. Judge Sykes dissents.

Thursday’s opinions
7th Circuit Court of Appeals

Zachary Mulholland v. Marion County Election Board
13-3027
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses dismissal of Mulholland’s lawsuit to enjoin Marion County Election Board proceedings relating to a slating violation and to enjoin the future enforcement of I.C. 3-14-1-2(a), the anti-slating law. The election board’s investigation is too preliminary a proceeding to warrant Younger abstention, at least in the wake of Sprint Communications, Inc. v. Jacobs, 134 S. Ct. 584 (2013). Even if Younger abstention were theoretically available after Sprint, the previous final federal judgment against the defendant Election Board holding the same statute facially unconstitutional would still amount to an extraordinary circumstance making Younger abstention inappropriate.

Indiana Court of Appeals
Kevin Moss v. State of Indiana
49A02-1307-CR-618
Criminal. Reverses denial of Moss’ motion to dismiss the enhancement to a Class C felony his charge of Class A misdemeanor possession of a handgun without a license due to a prior felony conviction that was later modified to a misdemeanor. Moss carried his burden of proving error because he had the prior felony reduced to a misdemeanor, so it could not support the enhancement.

Heritage Acceptance Corporation v. Chris L. Romine
71A03-1307-SC-283
Small claim. Affirms small claims court judgment in favor of Romine on Heritage Acceptance Corps.’ complaint to recover unpaid money owed on a car Romine financed. Under I.C. 26-1-2-102, the contract for payment of money is for a transaction of goods, so it is subject to the four-year statute of limitations. As such, Heritage’s complaint was not filed within that time frame.

In the Matter of the Termination of the Parent-Child Relationship of: A.H. & J.H. (Minor Children), and D.T. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1307-JT-378
Juvenile. Affirms order terminating father’s parental rights.

Dominique McClendon v. State of Indiana (NFP)
49A05-1307-CR-334
Criminal. Affirms convictions of two counts of Class C felony possession of a narcotic drug while in possession of a firearm.

Michael W. Gilliland v. Fifth Third Mortgage Company (NFP)
81A01-1307-MF-314
Mortgage foreclosure. Affirms summary judgment for Fifth Third Mortgage Co. on its foreclosure complaint.

Charles Washington v. State of Indiana (NFP)
49A02-1308-CR-679
Criminal. Affirms conviction of Class D felony pointing a firearm, but reverses conviction of Class D felony criminal mischief. Remands for trial court to enter judgment of conviction and sentence for criminal mischief as a Class B misdemeanor.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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