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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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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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