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Opinions March 7, 2011

March 7, 2011
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7th Circuit Court of Appeals
United States of America v. Martin Avila
09-2681
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal. Affirms 365-month sentence for drug offenses following re-sentencing on remand. The District Court corrected the drug quantity attributable to Avila. The District Court did not violate the cross-appeal rule and acted within the scope of the remand.

United States of America v. William Travis Brown
09-3976
U.S. District Court, Southern District of Indiana, Indianapolis Division. Chief Judge David F. Hamilton.
Criminal. Affirms 240-month sentence for one count of possession of child pornography and one count of transportation of child pornography. Application of the “thing of value” enhancement was not double counting. The District Court properly based Brown’s sentence on the Section 3553(a) sentencing guidelines.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jill M. Baird v. Lake Santee Regional Waste and Water District (NFP)
16A01-1009-CC-470
Civil collections. Affirms denial of Baird’s motion for relief from judgment granting a foreclosure decree against her property in favor of Lake Santee Regional Waste and Water District for her failure to pay sewer connection penalties.

Desmond D. Clayton v. State of Indiana (NFP)
49A05-1006-CR-363
Criminal. Affirms convictions of Class B felony robbery and Class A misdemeanor battery.

Ricky Renee Patterson v. State of Indiana (NFP)
29A02-1007-PC-894
Post conviction. Affirms denial of petition for post-conviction relief.

Thomas William Donaldson v. State of Indiana (NFP)
48A02-1007-CR-763
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement.

Carl Sonnenberg, et al. v. A.N. Real Estate Services, Inc., et al. (NFP)
29A04-1005-PL-381
Civil plenary. Affirms determination that the Sonnenbergs are only entitled to $650 in damages in a lawsuit against A.N. Real Estate Services and employee Natalie Higgens pursuant to the Home Loan Practices Act for an erroneous appraisal of their home.

Seth R. Adkins v. State of Indiana (NFP)
57A03-1010-CR-569
Criminal. Affirms sentence following guilty plea to Class A felony dealing in methamphetamine.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 16 cases for the week ending March 4.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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