David Bleeke v. State of Indiana, et al. - 11/13/12

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Tuesday  November 13, 2012 
11:00 AM  EST

11 a.m. 02A05-1201-PL-25. After the trial court granted summary judgment in favor of the State in this declaratory judgment action, Bleeke filed a notice of appeal. Among the questions presented in this appeal are: 1)whether designated Indiana Parole Board conditions of parole are void because they were not promulgated pursuant to Indiana Code section 11-13-3-4(b); 2) whether designated Indiana Parole Board conditions of parole are void because they were imposed without the Indiana Parole Board first making an individualized determination that the conditions were reasonably related to Bleeke's reintegration into the community and that the conditions were not unduly restrictive of Bleeke's fundamental rights; 3) whether designated Indiana Parole Board conditions of parole are unconstitutionally vague or overbroad; 4) whether Indiana Code sections 11-13-3-4(g) and 35-42-4-11 are facially overbroad; 5) whether the State's "Sex Offender Management and Monitoring Program" is unconstitutional; and 6) whether the trial court erred in not dismissing Bleeke's action against parties other than the Parole Board.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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