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Opinions April 2, 2012

April 2, 2012
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7th Circuit Court of Appeals
Laenise Arnett v. Michael J. Astrue, commissioner of Social Security
11-2424
U.S District Court, Northern District of Indiana, Fort Wayne Division, Judge Robert L. Miller Jr.
Civil. Reverses decision by administrative law judge to deny claim for disability insurance benefits as the judge failed to properly assess residual functional capacity. Remands for further proceedings.

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

Indiana Court of Appeals
Robert Huskey v. State of Indiana (NFP)
69A01-1107-CR-390
Criminal. Affirms convictions of and sentence for Class B felony attempted sexual misconduct with a minor and Class C felony sexual misconduct with a minor under one cause number and the reinstatement of a previously suspended sentence under a second cause number.

Austin Harmon v. State of Indiana (NFP)

34A05-1109-CR-494
Criminal. Remands to the trial court for a probation revocation statement consistent with the due process requirement and this opinion.

Steffan Solomon v. State of Indiana (NFP)
02A03-1109-CR-402
Criminal. Affirms convictions of and sentence for Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor, and Class A misdemeanor contributing to the delinquency of a minor.

The Indiana Supreme Court denied transfer to 11 cases for the week ending March 30.
 

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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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