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Opinions Feb. 7, 2012

February 7, 2012
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7th Circuit Court of Appeals
Roy Wirtz, et al. v. City of South Bend
11-3811
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms dismissal of the city’s motion to appeal a case arising under the First Amendment’s establishment clause. Although the city is challenging two appealable orders, the challenge is untimely. The appeal is also moot.

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

Indiana Court of Appeals

Mitchell A. McCarter v. State of Indiana
26A04-1106-CR-409
Criminal. Reverses conviction of Class D felony sexual battery and remands with instructions to enter judgment as Class B misdemeanor battery. The state did not prove the element that D.H. perceived that she was compelled to submit to the groping of her buttocks through force or threat of force.

Benjamin Crossing Homeowners' Association, Inc. v. Rose Heide and David F. Wilkerson

79A04-1103-PL-185
Civil plenary. Reverses summary judgment for Heide and Wilkerson in their suit seeking declaratory judgment that the homeowners’ association couldn’t enforce a restrictive covenant to prohibit the operation of a child care business in their residences. The planned unit development ordinance has no affect on the association’s authority to enforce the private restrictive covenants at issue. Remands with instructions to enter summary judgment for the association on its request for injunctive relief and for further proceedings to determine an award of damages, if any.

Justin Woodhouse v. State of Indiana (NFP)
56A04-1105-CR-324
Criminal. Dismisses appeal of the trial court’s denial of Woodhouse’s motion to dismiss the state’s notice of a probation violation.

Christopher Short v. State of Indiana (NFP)
48A05-1107-CR-362
Criminal. Affirms denial of motion for discharge pursuant to Indiana Criminal Rule 4(B).

R.W. v. M.R. (NFP)
48A04-1106-MI-331
Miscellaneous. Reverses order on clarification granting M.R. visitation with R.W.’s minor children. Remands with instructions.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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