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Opinions April 4, 2014

April 4, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.

United States of America v. Lori Hargis
12-2153
Criminal. Affirms 60-month sentence for Lori Hargis’ conviction of conspiracy to use fire to commit wire fraud for her role in recruiting a man to set fire to her home to collect insurance proceeds. Circuit judges rejected Hargis’ argument that the District Court erred when it adjusted her sentence from the guideline range of 15 to 21 months in prison, finding that the judge adequately explained his rationale for imposing sentence.

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.

Christopher Groce and Tracey Groce v. American Family Mutual Insurance Company, and Michael A. Meek
48S02-1307-CT-472
Civil tort. Affirms trial court grant of summary judgment in favor of defendants that also was affirmed by the Court of Appeals. Applying Filip v. Block, 879 N.E.2d 1076 (Ind. 2008), justices held the trial court properly granted summary judgment in the Groce’s negligence claim because their homeowner’s insurance policy failed to cover full replacement value after a 2007 fire. While the claim was filed less than two years after the fire, justices held that in the exercise of ordinary diligence in reviewing their homeowner’s insurance policy, the Groces could have timely discovered that the company's replacement cost liability was capped at the dwelling loss coverage limit no later than the date of their first policy renewal in 2003.

Indiana Court of Appeals
Bruce E. Phillips v. State of Indiana (NFP)
47A01-1304-CR-148
Criminal. Affirms convictions and aggregate 16-year sentence for Class B felony conspiracy to commit dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture controlled substances.

Corey Coleman v. State of Indiana (NFP)
49A02-1307-CR-594
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

In re: the Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor (NFP)
19A05-1311-MI-542
Miscellaneous. Stays trial court order granting visitation with minor child to parental grandparents and retains jurisdiction. Remands to the trial court with instructions to issue new findings and conclusions within 30 days. Grandparent visitation is suspended pending review.

Shawna Gallagher v. Jacob Gallagher (NFP)
37A03-1308-DR-342
Domestic. Reverses order modifying physical custody of minor children in favor of father, Jacob Gallagher, finding the trial court erred because there was no substantial change in circumstance.

In re: the Marriage of: Carrie A. Chapman v. Stephen L. Chapman (NFP)
02A05-1307-DR-343
Domestic. Affirms award of child support.

The Indiana Supreme Court and  Tax Court issued no opinions by IL deadline Friday. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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