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Opinions Aug. 10, 2010

August 10, 2010
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7th Circuit Court of Appeals
United States of America v. Jermarcus Robinson
09-3955
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of possession with intent to distribute crack cocaine. The District Court correctly refused to suppress the cocaine police officers pulled from Robinson’s buttocks after a traffic stop. The officer wasn’t satisfied with his initial effort to pat down Robinson and was justified to return to finish the job within the bounds outlined in Terry.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Joey Wilson v. State of Indiana
49A02-1001-CR-60
Criminal. Affirms convictions of receiving stolen auto parts as a Class C felony and driving while suspended as a Class A misdemeanor. Wilson waived for review his argument that the trial court erred in allowing the state to amend the charging information on the day before his trial was to begin. He failed to request a continuance to prepare for his defense. Wilson also failed to prove that the admission of his unredacted BMV record made it impossible for him to receive a fair trial.

Indiana Spine Group v. Pilot Travel Centers
93A02-1003-EX-315
Civil. Reverses dismissal by the Full Worker’s Compensation Board of ISG’s claim pursuant to Indiana Code Section 22-3-3-27. The two-year statute of limitations in that statue doesn’t apply. Remands for determination on the merits of ISG’s application for adjustment of claim for provider fee.

City of Indianapolis v. Cynthia Hicks on behalf of and as next friend of Jada Richards, a minor
49A02-1002-CT-95
Civil tort. Affirms nunc pro tunc order granting Hicks’ motion to correct error and reinstating her negligence suit brought against the City of Indianapolis on behalf of her minor child. The city waived any challenge based on the magistrate’s lack of authority to sign the order by not objecting until after time for ruling on the motion to correct error expired. The CCS entries provide a sufficient basis to later issue the order. The grant of the motion to correct error wasn’t an abuse of discretion because the city didn’t show noncompliance with the tort claim notice requirements of the Indiana Tort Claims Act.

Ryan Armstrong v. State of Indiana (NFP)
79A02-1002-CR-107
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle while intoxicated, and Class A misdemeanors possession of marijuana and possession of paraphernalia.

Roosevelt Williams v. State of Indiana (NFP)
49A02-0911-PC-1124
Post conviction. Affirms denial of petition for post-conviction relief.

Timothy A. Stevens v. State of Indiana (NFP)
45A05-0912-CR-723
Criminal. Affirms convictions of and sentences for Class C felonies forgery, and fraud on a financial institution, and three counts of Class D felony theft.

Thompson Thrift Construction Inc. v. Bank of Indiana, N.A. (NFP)
84A05-1001-PL-24
Civil plenary. Affirms summary judgment for Bank of Indiana in Thompson Thrift Construction’s attempt to foreclose its mechanic’s lien on a parcel of real estate on which the bank held three mortgages.

Indiana Spine Group v. Scenic Hills Care Center (NFP)
93A02-1003-EX-313
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for provider fee. Remands for further proceedings.

Indiana Spine Group v. All Seasons Holdings (NFP)
93A02-1003-EX-316
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for provider fee. Remands for further proceedings.

Indiana Tax Court had posted no opinions at 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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