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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. 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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