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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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