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Opinions April 19, 2012

April 19, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Anthony Hogan v. State of Indiana
20A03-1103-PC-158
Post conviction. Affirms denial of petition for post-conviction relief. Hogan failed to show ineffective assistance of trial and appellate counsel.

Linda G. Darby v. State of Indiana
45A04-1106-CR-318
Criminal. Affirms denial of petition to file a belated notice of appeal. The court rejects Darby’s claims that her escape from prison for 35 years did not preclude initiation of her appeal. Her counsel was prevented from pursuing her appeal because of Darby’s willful act of fleeing Indiana.

Berry Moss v. State of Indiana (NFP)
49A04-1107-CR-360
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

In Re the Term. of the Parent-Child Rel. of: Al.S. & A.S. and C.S. v. The Indiana Department of Child Services (NFP)
79A02-1112-JT-1158
Juvenile. Affirms termination of parental rights.
 

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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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