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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
32A01-1002-CR-156
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)
20A03-1005-PC-264
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)
82A01-1008-CR-404
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)
38A02-1009-CR-1037
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. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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