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Opinions Jan. 18, 2013

January 18, 2013
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7th Circuit Court of Appeals
Linda K. Roddy v. Michael J. Astrue, Commissioner of Social Security
12-1682
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Vacates judgment of the District Court and remands Roddy’s case for disability insurance benefits to the Social Security Administration for further proceedings. Finds the administrative law judge made a number of errors in his consideration of the record, in which he denied her benefits.

Indiana Court of Appeals
Jermaine Hines v. State of Indiana
48A02-1206-CR-442
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon. Law enforcement had reasonable suspicion of criminal activity to detain Hines.

John F. Harris, III v. State of Indiana
20A03-1205-CR-210
Criminal. Affirms conviction of possession of cocaine, enhanced to a Class B felony because the offense occurred within 1,000 feet of a family housing complex. There was proof that children were residing in the immediate vicinity at the time of the offense. Reverses habitual offender finding because the state failed to prove Harris has more than one dealing offense.

Kelly Bertholet Stokes v. Estate of Kenneth Stokes (NFP)
64A05-1205-ES-237
Estate, supervised. Dismisses interlocutory appeal filed by Kelly Bertholet Stokes after her motion to correct error was denied following the denial of her motion for reimbursement of monies seized by bank.

Danielle Kelly v. State of Indiana (NFP)
30A01-1112-CR-584
Criminal. Grants rehearing to address Kelly’s claim that the court failed to consider a “dispositive fact” in its discussion regarding incriminating statements, but affirms opinion in all respects which upheld denial of Kelly’s motion to suppress.

Matthew A. Parks v. State of Indiana (NFP)
64A03-1202-CR-66
Criminal. Affirms conviction of Class C felony child molesting.

Jonathan Books v. State of Indiana (NFP)
25A03-1208-CR-357
Criminal. Affirms sanction for probation violation.
 

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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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