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Opinions July 6, 2012

July 6, 2012
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Indiana Supreme Court and Indiana Tax Court released no opinions before IL deadline.

7th Circuit Court of Appeals
U.S. v. Justin Cephus, Jovan Stewart, and Stanton L. Cephus
10-3838, 10-3840, 11-1098
Criminal. Affirms in a case involving conspiracy to entice underage girls to engage in prostitution and transport them across state lines the life sentences without parole of multiple convictions for Justin and Stanton Cephus. The order remands to the trial court to enable the judge to reconcile a discrepancy in Stewart’s sentence of 324 months in federal prison. The judge said Stewart’s sentences were to be served consecutively; the written order indicates the sentences are concurrent.

U.S. v. Armando Mota
10-1486
Criminal. Affirms Mota’s conviction of attempting to distribute 500 grams or more of cocaine and possessing with intent to distribute 500 grams or more of cocaine, holding that while a government agent failed to record and relay exculpatory evidence, Mota was not denied a fair trial because he learned of the evidence and presented it to the jury.

Indiana Court of Appeals
Charles Hazelbaker v. State of Indiana (NFP)
53A05-1111-CR-636
Criminal. Affirms trial court conviction of Class C felony incest and determination of defendant as a habitual offender.

Santos C. Lopez v. State of Indiana (NFP)
71A03-1109-CR-480
Criminal. Affirms trial court conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

In the Paternity of: A.R. & P.H., by Next Friend, Tammy Raab; Christopher Hall v. Tammy Raab (NFP)
49A05-1111-JP-577
Domestic relations/child support. Affirms trial court calculation of father’s child support payments to mother.

Alea London, Ltd. v. Richard Nagy, Jr., and Christopher Buckler (NFP)
45A05-1202-CT-83
Civil tort. Reverses and remands the trial court grant of summary judgment for Nagy and Butler and orders entry of summary judgment in favor of Alea London Ltd.

James Daher, Jr. v. State of Indiana (NFP)
56A03-1201-CR-32
Affirms trial court denial of motion for relief from judgment of conviction of Class B felony conspiracy to commit escape with a deadly weapon.
 

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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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