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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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