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Opinions May 5, 2014

May 5, 2014
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The following 7th Circuit Court of Appeals opinion was issued after IL deadline Friday.
Tommy D. Ford v. Bill Wilson, Superintendent
12-3844
Criminal. Affirms denial of habeas petition for Ford, convicted of murder in the 2005 shooting death of Christian Hodge in Gary. The panel ruled Ford wasn’t prejudiced by his attorney’s failure to object to a prosecutor’s comments about the defendant’s failure to testify. Although the Indiana Court of Appeals applied the wrong legal standard in denying post-conviction relief, the weight of the evidence against Ford would have produced the same result had the proper standard been applied. There was no reasonable probability that adequate performance of counsel would have changed the outcome of Ford’s trial.

Indiana Court of Appeals
Victor Mercaldo and Nancy Jenkins, individually and as Parents and Natural Guardians of Kelly P. Mercaldo, Minor Child, Deceased, et al. v. Andrew Hagenow and Alyssa R. Brown (NFP)
64A04-1311-CT-579
Civil tort. Affirms summary judgment in favor of Hagenow.

Justin Malone v. State of Indiana (NFP)
03A01-1307-CR-334
Criminal. Affirms two-year sentence for conviction of Class D felony criminal recklessness.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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