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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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