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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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