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Opinions July 20, 2012

July 20, 2012
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7th Circuit Court of Appeals
Bradley M. Shideler v. Michael J. Astrue, commissioner of Social Security
11-3284
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L.
Miller Jr.
Civil. Affirms denial of application for Social Security Disability Insurance benefits. The administrative law judge adequately evaluated Shideler’s credibility. Whatever his current condition is, the ALJ’s decision finding that he was not disabled as of March 31, 2000, is supported by substantial evidence.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Devon D. Dokes, Jr. v. State of Indiana
71A03-1111-CR-503
Criminal. Affirms revocation of probation for being a felon in possession of a handgun. Because the difference between the burden of proof required to convict someone of a crime and the burden of proof required to revoke probation, the court could revoke probation after finding Dokes not guilty based on the same evidence.

James Lee Paul v. State of Indiana
82A05-1111-CR-634
Criminal. Affirms conviction and sentence for murder. The trial court did not abuse its discretion in allowing certain evidence as the danger to the officers and the tenants, coupled with the tampering of evidence, was an exigent circumstance that made it impractical for the officers to obtain an arrest warrant before arresting Paul.

Bradley D. Haub v. State of Indiana (NFP)
Criminal. Affirms sentences stemming from three different causes for Class B felony aiding burglary, two counts of Class C felony forgery, Class D felony auto theft, and Class D felony theft.

Anthony Lee Leturgez v. State of Indiana (NFP)
79A02-1112-CR-1105
Criminal. Affirms conviction of Class B misdemeanor battery.

Term. of Parent-Child Rel. of D.P. and P.S. (Minor Children); A.P. (Father) v. Indiana Dept. of Child Services (NFP)
03A01-1107-JT-309
Juvenile termination. Affirms termination of parental rights.

Term. of Parent-Child Rel. of B.B. and L.H. (Minor Children); Lo.H. (Mother) v. Indiana Dept. of Child Services (NFP)
79A02-1111-JT-1101
Juvenile termination. Affirms termination of parental rights.

Jamey Wayne Thomas v. State of Indiana (NFP)
79A02-1110-CR-1066
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while privileges were forfeited for life.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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