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Opinions Aug. 25, 2010

August 25, 2010
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The following opinion was posted after IL deadline Tuesday.
7th Circuit Court of Appeals
United States of America v. Irvin S. Hudson
09-3518
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms sentence following guilty plea to possession of a firearm as a felon and possession of a stolen firearm based on Hudson’s previous conviction of dealing in a substance represented to be a controlled substance. Holds that “look-alike” offenses constitute controlled-substance offenses for sentencing purposes.

Today’s opinions
7th Circuit Court of Appeals
United States of America v. Jorge Quintero, a/k/a Samuel Munoz, and Claudia Andrade Martinez
09-2715, 09-2788
U.S. District Court, Northern District of Indiana, Hammond Division, Judges Rudy Lozano and James T. Moody.
Criminal. Dismisses Quintero’s appeal of his sentence after pleading guilty to charges related to a bank robbery and unlawful entering on waiver grounds. Affirms Martinez’s conviction and sentence for bank robbery and unlawfully remaining in the U.S. The jury instructions given at Martinez’s trial regarding aiding and abetting were correct statements of the law.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Fernando B. Eguia Sr. v. State of Indiana (NFP)
01A02-1001-CR-157
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

M.H. v. J.H. (NFP)
30A01-1003-DR-99
Domestic relation. Affirms trial court’s calculation of income, treatment of tax exemptions, and failure to find contempt. Reverses court’s assessment of child support and remands for the trial court to recalculate the cost of child support.

Uma Chaluvadi v. City of Indianapolis (NFP)
49A02-1003-OV-230
Local ordinance violation. Reverses order denying Chaluvadi’s motion to set aside default judgment.

Michael Yates v. State of Indiana (NFP)
34A02-0912-CR-1187
Criminal. Affirms convictions of and sentence for Class D felony possession of cocaine and Class A misdemeanor possession of marijuana.

Eric Skeens v. State of Indiana (NFP)
35A05-0909-CR-515
Criminal. Affirms convictions of four counts of child molesting as Class A felonies and one count as a Class C felony. Remands for the trial court to issue an amended sentencing order and issue any other documents or CCS entries necessary to impose a sentence of 90 years.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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