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Opinions July 30, 2010

July 30, 2010
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7th Circuit Court of Appeals
United States of America v. Anthony L. Vaughn
09-3789
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Criminal. Affirms 180-month sentence after pleading guilty to committing aggravated assault on a federal officer. The District Court reasonably explained why the sentence that was outside the guidelines range was appropriate.

Christopher Parish, et al. v. City of Elkhart, et al.
09-2056
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Civil. Reverses dismissal of his claim for intentional infliction of emotional distress. Under Indiana’s adoption of Heck, Parish could not have brought these claims until his conviction was disposed of in a manner favorable to him. Parish brought his claim within two years of when the claim accrued upon his exoneration, thereby making the claim timely. Affirms dismissal of false arrest and false imprisonment claims.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert L. Gosha v. State of Indiana
48A02-0912-CR-1210
Criminal. Reverses denial of motion to correct error. Gosha was denied the right to due process when his participation in a Drug Court Program was ended without the court first affording him notice of a hearing and the right to present evidence and cross-examine witnesses at that hearing. Remands with instructions.

William Foster v. State of Indiana (NFP)
49A04-0908-CR-435
Criminal. Affirms convictions of Class A felony neglect of a dependent and Class C felony reckless homicide.

In the matter of the marriage of : L.S. v. J.H. (NFP)
41A04-0910-CV-605
Civil. Reverses trial court order that ordered father is not required to enroll C.H. in gymnastics during his extended summer parenting time in Indiana or contribute to the expenses associated with gymnastics. Remands with further instructions. Affirms decree of modification in all other respects.

Christopher W. Hovis v. State of Indiana (NFP)
92A03-0910-CR-487
Criminal. Dismisses belated appeal of convictions of and sentence for Class C felony assisting a criminal and a habitual offender enhancement.

Geronimo Montalvo v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07301001lmb.pdf
12A05-0910-CR-597
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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