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Opinions July 10, 2012

July 10, 2012
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The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.

The Indiana Supreme Court and Tax Court issues no opinions prior to IL deadline.

Indiana Court of Appeals
In the Matter of the Adoption of N.W.R.; M.R. v. R.B. and R.B., and Indiana Dept. of Child Services
36A01-1109-AD-407
Adoption. Reverses the trial court’s grant of a petition to adopt to foster parents R.B. and R.B., and remands to the trial court with instructions to reconsider evidence after DCS completes investigation of aunt M.R. as a potential adoptive replacement. The court held that the trial court erred in denying DCS’ motion to withdraw consent for the petition after discovering it failed to conduct a complete adoptive placement investigation.

Marcous Ford v. State of Indiana (NFP)
49A04-1112-CR-651
Criminal. Affirms trial court’s conviction of Class B felony battery.
 
Roger A. Boggs v. State of Indiana (NFP)
03A04-1108-CR-435
Criminal. Affirms trial court conviction of Class B felony armed robbery.
 
Kathleen G. Babchuk v. Kirk J. Daniels (NFP)
34A05-1111-CT-597
Civil/defamation. Affirms judgment of $35,000 for defamation on behalf of Daniels.

In the Matter of the Involuntary Commitment of R.T. (NFP)
35A02-1110-MH-1088
Mental health. Affirms trial court order continuing regular commitment to Logansport State Hospital.

Marlon L. Pendleton v. State of Indiana (NFP)
45A04-1110-CR-544
Criminal. Affirms trial court conviction of involuntary manslaughter.





 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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