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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. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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