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Opinions Dec. 12, 2011

December 12, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals

Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.

Term. of Parent-Child Rel. of A.B.; K.S. v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A04-1105-JT-255
Juvenile. Affirms termination of parental rights.

Lorenzo Stewart v. State of Indiana (NFP)

02A03-1104-PC-179
Post conviction. Affirms denial of petition for post-conviction relief.

Natosha Canfield, Individually, and Next Best Friend of D.C., Minor v. Clarian Health Partners, Inc. d/b/a Methodist Hospital (NFP)
49A02-1104-CT-292
Civil tort. Affirms grant of Clarian’s motion to strike and motions for summary judgment and partial summary judgment on Canfield’s suit claiming negligence and negligent infliction of emotional distress.

James Groff v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2011/december/12121106ehf.pdf   
90A02-1106-CR-610
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Steven E. Abernathy v. State of Indiana (NFP)
23A01-1104-CR-182
Criminal. Affirms conditions of probation imposed following Abernathy’s guilty plea to Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.

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

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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