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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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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