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Opinions May 3, 2011

May 3, 2011
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7th Circuit Court of Appeals
United States of America v. Donald Leach
10-1786
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms denial of Leach’s motion to dismiss his indictment for knowingly failing to register as a sex offender after traveling in interstate commerce in violation of the Sex Offender Registration and Notification Act. There is no ex post facto violation of the United States Constitution.

Jerry Adkins, et al. v. Kenneth Will, et al.
10-2237
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Reverses dismissal of plaintiffs’ citizen suit under the Resource Conservation and Recovery Act and remands to allow them to pursue their citizen suit except for certain claims that were brought up in an Indiana Department of Environmental Management suit filed before the plaintiffs suit.  The plaintiffs could continue to pursue their citizen suit in federal court when the state agency filed a later enforcement action in state court. The plaintiffs could file their federal citizen suit after the state agency had filed a much narrower enforcement action against the same alleged violators, and after the alleged violators persuaded the court not to allow the plaintiffs to intervene to broaden the state court enforcement action to assert the claims they then presented to the federal court. Colorado River and Burford abstention doctrines do not justify dismissal or stay of this citizen suit. Judge Kenneth Ripple concurs in part and dissents in part.

The Indiana Supreme Court, Court of Appeals, and Tax Court were closed today due to the primary elections.
 

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  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

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