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Opinions Jan. 10, 2014

January 10, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
Julio Cesar Chavarria v. United States of America
11-3549
Criminal. Affirms District Court order dismissing Chavarria’s claim of ineffective assistance of counsel that led to his deportation after conviction of cocaine distribution charges. The panel found the distinction between affirmative misadvice and failure to advise does not evade the non-retroactive ruling of Padilla v. Kentucky, 559 U.S. 356 (2010).

Indiana Court of Appeals
Luis Antonio Palacio v. Raquel Villavicencio (NFP)
49A02-1305-DR-397
Domestic relation. Affirms denial of father’s request to modify child support.

In the Matter of the Termination of Parent-Child Relationship of D.C. & A.R. (Minor Children), and T.R. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1306-JT-291
Juvenile. Affirms termination of parental rights.

In Re the Marriage of James Barnum Gregory v. Ellen Davies Gregory (NFP)
49A05-1305-DR-205
Domestic relation. Affirms in part, reverses in part and remands for recalculation of husband’s child support and educational support obligations.

Patrick Palmer v. State of Indiana (NFP)

03A04-1306-CR-271
Criminal. Affirms 25-year aggregate sentence for convictions of Class C felony battery resulting in serious bodily injury, Class D felony attempted obstruction of justice, Class A misdemeanors invasion of privacy and battery, and a habitual offender enhancement.

James Christian Warner v. State of Indiana (NFP)
03A01-1305-CR-213
Criminal. Affirms 20-year sentence with two years suspended for conviction of Class B felony possession of methamphetamine.
 
Joshua Batchelor v. State of Indiana (NFP)
15A01-1306-CR-259
Criminal. Affirms revocation of probation.

In Re the Termination of Parent-Child Relationship of B.W., A.W., W.S., & U.S., B.W., and J.S. v. Indiana Department of Child Services (NFP)
33A01-1306-JT-270
Juvenile. Affirms termination of parental rights.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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