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Opinions Aug. 5, 2014

August 5, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Marilyn R. Boley v. Carolyn W. Colvin, acting commissioner of Social Security
13-1252
U.S. District Court, Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Civil. Vacates District Court’s dismissal of Boley’s petition for judicial review of the decision by an administrative law judge that denied her request for a hearing on the denial of benefits. Remands with instructions to decide whether substantial evidence and appropriate procedures underlie the decision that she lacks “good cause” for her delay in seeking intra-agency review. Overrules Watters v. Harris, 656 F. 2d 234 (7th Cir. 1980).

Augustus Light v. John F. Caraway, Warden
13-1554
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson.
Civil. Finds Light satisfies all three Davenport factors and was eligible to file a petition for habeas relief under the savings clause of Section 2255(e). But a consideration of the merits of his petition leads to the same conclusion as the District Court: Light is not eligible for relief.

Indiana Court of Appeals
Dustin Blythe v. State of Indiana
71A03-1306-CR-228
Criminal. Affirms trial court’s order granting the state’s motion to amend the charging information. Finds that Blythe was able to present an appropriate defense to the amended charges and in fact did so from the start of his trial. Remands with instructions to vacate eight of Blythe’s nine convictions for forgery because the evidence reveals the falsified signatures were placed on the ballot petitions during a relatively short period of time in St. Joseph County and the placement of the falsified signatures was performed for a single purpose. Also orders trial court to vacate Blythe’s conviction for falsely making a petition of nomination because it is a factually lesser included offense of the forgeries.

Joshua Devine v. State of Indiana (NFP)
49A05-1312-CR-604
Criminal. Affirms 16-year sentence for Class B felony attempted robbery.  

The City of Sullivan v. North American Latex Corp, Kenneth Wayne Plummer, and Others Owning Property (NFP)
77A01-1401-PL-11
Civil plenary. Affirms order granting the remonstrance petitions of North American Latex Corp., et al., and declaring the city’s proposed annexation of an adjacent parcel to be invalid.
 

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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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