Opinions March 22, 2011

March 22, 2011
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7th Circuit Court of Appeals
United States of America v. Robert B. Long and Jason P. Edwards
09-3493, 09-3636
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms Edwards’ convictions of one count of narcotics conspiracy, two counts of possession with intent to distribute marijuana, and one count of attempted possession with intent to distribute marijuana. The government’s affidavit in support of the wiretap established necessity. Affirms Long’s sentence for the same convictions, plus one additional count of possession with intent to distribute marijuana. The District Court’s total quantity determination was adequate. The District Court didn’t err when it initiated the sentencing hearing by immediately calculating the guidelines range, rather than engaging in a preliminary discussion of the findings in the presentence report.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Nicholas Suding v. State of Indiana
Criminal. Affirms convictions of three counts of conspiracy to commit murder, stating the trial court did not abuse its discretion in sentencing and that sufficient evidence existed to convict Suding. Rules amendment to charges did not affect defendant’s rights.

Clyde Piggie v. State of Indiana (NFP)
Post conviction. Affirms denial of petition of post-conviction relief for Class A felony of dealing cocaine.   

John David Jenkins v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor failure to stop after an accident resulting in non-vehicular property damage.

William A. Lawhorn v. State of Indiana (NFP)
Criminal. Affirms trial court’s sentence following guilty plea to Class B felony of dealing methamphetamine.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon