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Opinions Feb. 9, 2012

February 9, 2012
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7th Circuit Court of Appeals
Sammie L. Booker-El v. Superintendent, Indiana State Prison and all agents
10-1490
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms District Court’s dismissal of Booker-El’s complaint that prison officials misappropriated funds intended by statute to be used for the inmates’ benefit without due process of law. Booker-El has no property interest in the inmates’ recreation fund.

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

Indiana Court of Appeals

Angus Toney v. State of Indiana
89A01-1108-CR-374
Criminal. Affirms conviction of Class A felony burglary. The plain language of the statute provides that physical pain is sufficient to establish bodily injury, and the evidence clearly shows that the victim experienced physical pain.

Terry Drake v. State of Indiana (NFP)

49A02-1106-CR-516
Criminal. Affirms convictions of murder, Class A felony attempted murder, and Class A misdemeanor carrying a handgun without a license.

Shannan D. Deneve v. Billy Joe Shambarger (NFP)
43A03-1107-DR-354
Domestic relation. Affirms order denying Deneve’s request to order Shambarger to participate in counseling with their minor child and to order Shambarger to strictly comply with the parenting time guidelines. Also affirms award of attorney fees to Shambarger.
 

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  1. 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).

  2. 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.

  3. 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.

  4. 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!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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