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Opinions March 5, 2014

March 5, 2014
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The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

United States of America v. Joseph C. Brownlee
13-2745
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms conviction of being a felon in possession of a gun and sentence of 60 months in prison. In order to convict him, the government had to prove the gun had been “shipped or transported in interstate or foreign commerce” which it did based on the testimony by a special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Indiana Supreme Court
The Honorable Kimberly J. Brown, Judge of the Marion Superior Court
49S00-1308-JD-560
Judicial discipline. Removes Kimberly Brown from the bench immediately after finding the evidence demonstrates that Brown engaged in significant judicial misconduct. Her law license is not suspended. Justice Rucker concurs in part, believing she should be suspended for 60 days without pay and subject to a period of probation before being removed.

Wednesday’s opinions
7th Circuit Court of Appeals

United States of America v. Carol Y. Woodard
12-3363
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Finds the District Court did not abuse its discretion by not ordering a second competency evaluation because the court reached a reasonable conclusion after it reviewed a previous psychological evaluation, considered the advice of two mental health professionals, and considered Woodard’s interactions with her attorney. Finds the District Court violated the ex post facto clause at sentencing by sentencing her under the wrong version of the sentencing guidelines. Remands for resentencing.

Indiana Court of Appeals
Lyndon C. Davis v. State of Indiana (NFP)
45A04-1304-CR-207
Criminal. Affirms murder conviction.

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

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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