ILNews

Opinions Aug. 5, 2014

August 5, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Marilyn R. Boley v. Carolyn W. Colvin, acting commissioner of Social Security
13-1252
U.S. District Court, Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Civil. Vacates District Court’s dismissal of Boley’s petition for judicial review of the decision by an administrative law judge that denied her request for a hearing on the denial of benefits. Remands with instructions to decide whether substantial evidence and appropriate procedures underlie the decision that she lacks “good cause” for her delay in seeking intra-agency review. Overrules Watters v. Harris, 656 F. 2d 234 (7th Cir. 1980).

Augustus Light v. John F. Caraway, Warden
13-1554
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson.
Civil. Finds Light satisfies all three Davenport factors and was eligible to file a petition for habeas relief under the savings clause of Section 2255(e). But a consideration of the merits of his petition leads to the same conclusion as the District Court: Light is not eligible for relief.

Indiana Court of Appeals
Dustin Blythe v. State of Indiana
71A03-1306-CR-228
Criminal. Affirms trial court’s order granting the state’s motion to amend the charging information. Finds that Blythe was able to present an appropriate defense to the amended charges and in fact did so from the start of his trial. Remands with instructions to vacate eight of Blythe’s nine convictions for forgery because the evidence reveals the falsified signatures were placed on the ballot petitions during a relatively short period of time in St. Joseph County and the placement of the falsified signatures was performed for a single purpose. Also orders trial court to vacate Blythe’s conviction for falsely making a petition of nomination because it is a factually lesser included offense of the forgeries.

Joshua Devine v. State of Indiana (NFP)
49A05-1312-CR-604
Criminal. Affirms 16-year sentence for Class B felony attempted robbery.  

The City of Sullivan v. North American Latex Corp, Kenneth Wayne Plummer, and Others Owning Property (NFP)
77A01-1401-PL-11
Civil plenary. Affirms order granting the remonstrance petitions of North American Latex Corp., et al., and declaring the city’s proposed annexation of an adjacent parcel to be invalid.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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