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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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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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