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Opinions April 25, 2012

April 25, 2013
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7th Circuit Court of Appeals
Emilio Martino v. Western & Southern Financial Group
12-1855
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Western & Southern Financial Group on Martino’s lawsuit for religious discrimination and defamation. Martino’s evidence neither calls into doubt W&S’s explanation for his discharge – that he did not provide documents verifying his eligibility for employment in the U.S. – nor establishes a prima facie case of defamation.

Indiana Court of Appeals
Martin Meehan v. State of Indiana
71A04-1209-CR-453
Criminal. Reverses Class C felony burglary conviction and resulting habitual offender enhancement because there is no evidence that would support an inference that Meehan’s DNA was found on a glove because he handled it during the burglary, as opposed to some other time.

James Edwin Goris v. State of Indiana (NFP)

87A01-1209-CR-442
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle with an alcohol concentration equivalence between 0.08 and 0.15, and Class C infraction failure to obey a stop sign at a through highway.

Walter Fisk v. State of Indiana (NFP)
49A02-1208-CR-646
Criminal. Affirms convictions of Class A misdemeanor battery and Class B misdemeanor unauthorized entry of a motorized vehicle.

Antonio A. Burgos, Sr. v. State of Indiana (NFP)
02A04-1209-CR-461
Criminal. Affirms conviction of Class D felony possession of marijuana.

Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1209-PC-736
Post conviction. Affirms denial of petition for post-conviction relief.

Jessica and Gerson Urbina v. Tina Klinkose-Kyler, Laronda Southworth and A Bond of Life Adoptions, LLC (NFP)

06A01-1210-CT-464
Civil tort. Reverses dismissal of the Urbinas’ lawsuit against ABLA for damages in a failed adoption process. Remands for reinstatement of the complaint.

Richard J. Bond v. Knox County Drainage Board and Dick Vermillion, As Knox County Surveyor (NFP)
42A01-1209-PL-422
Civil plenary. Affirms dismissal of Bond’s petition for judicial review for failure to state a claim.

Brenda Varo v. State of Indiana (NFP)
49A05-1203-CR-144
Criminal. Grants rehearing to address an issue raised in Varo’s appeal on a jury instruction on criminal gang activity, but that the error, if any, was waived. Reaffirms original decision.

E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Grants state’s petition for rehearing, vacates the portion of opinion denying a hearing on restitution and remands for a new hearing on restitution.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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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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