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Opinions July 11, 2012

July 11, 2012
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7th Circuit Court of Appeals
Michael Dean Overstreet v. Bill Wilson, superintendent, Indiana State Prison
11-2276
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Finds Overstreet, who is sentenced to death, did not receive constitutionally ineffective assistance of counsel relating to the handling of an alleged plea bargain, the handling of spectators in the courtroom, and relating to the sentencing proceeding. Judge Wood dissents regarding the attorneys’ handling of the sentencing proceeding and would grant the petition for writ of habeas corpus limited to the sentence imposed.

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions at IL deadline.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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