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Wednesday, April 07, 2010

Ind. Decisions - 7th Circuit issues one Indiana opinion today

In U.S. v. Milbourn (SD Ind. Tinder), an 8-page opinion where Milbourn was involved in a cross burning, Judge Evans writes:

Milbourn’s primary argument on appeal is that the evidence was insufficient to support the jury finding (1) that he was motivated by the racial makeup of the people who lived in the Thrash home and (2) that the cross was burned to intimidate (or interfere), on account of race, with the Thrash family’s right to occupy their home. Prevailing, of course, on an insufficiency of the evidence claim is a tall order for any defendant. Before getting to the evidence, however, we pause for a brief word about cross burning.* * *

For these reasons, the judgment of the district court is AFFIRMED.

Posted by Marcia Oddi on April 7, 2010 11:05 AM
Posted to Ind. (7th Cir.) Decisions