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Opinions Sept. 9, 2013

September 9, 2013
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Opinions Sept. 9, 2013

U.S. 7th Circuit Court of Appeals
United States of America v. Christopher Eads

12-2464
Criminal. Affirms conviction and 480-month sentence for distributing child pornography, possessing child pornography and tampering with a witness. Addresses the issues Eads raises on appeal but upholds the decision of the U.S. District Court of the Southern District of Indiana, Indianapolis Division. Finds the district court did not abuse its discretion in allowing Eads to represent himself; the conviction for witness tampering was supported by the evidence; a new trial is not warranted because no new evidence has been discovered; and the discussion of 18 U.S.C. 3553 factors at sentencing was sufficient. Agrees with Eads that the district court erred in not thoroughly explaining on the record why it allowed images to be shown to the jury but rules the error is harmless because the additional evidence against him was overwhelming.   

United States of America v. Christopher Spears
11-1683
Criminal. Affirms in part, reverses in part and remands for resentencing on convictions of producing false identification and unlawful possession of false identification. Holds that the federal aggravated identity theft statute USC §1028A’s reference to “another person” may not be extended to fake ID bearing the true name of the recipient, and therefore vacates conviction and two-year sentence.

Indiana Court of Appeals
In the Matter of S.L., and J.L., Children Alleged to be Children In Need of Services, S.B.-L., Mother v. Indiana Department of Child Services (NFP)

79A05-1303-JC-98
Juvenile. Affirms determination that J.L and S.L. are children in need of services.

Jerry Williams v. State of Indiana (NFP)
49A02-1302-PC-133
Post-conviction. Affirms 55-year aggregate sentence imposed by post-conviction relief court on a Class A felony count of criminal deviate conduct and four counts of Class B criminal deviate conduct.

Boubacarr Moussa v. State of Indiana (NFP)
49A05-1209-CR-449
Criminal. Affirms conviction of Class B felony failure to stop after an accident causing serious bodily injury.

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Monday.


 

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  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

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