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Opinions June 15, 2012

June 15, 2012
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7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.

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

Indiana Court of Appeals

David Ashabranner v. Sandy Wilkins, f/k/a Ashabranner
22A01-1109-DR-411
Domestic relations. Affirms in part and remands in part. Affirms the trial court’s denial of emancipation of a child and remands for recalculation of child support payments, adjusting to include payment from the mother as well as the father.
 
Term. of Parent-Child Rel. of H.K., Ta.K., and Ty.K., (Minor Children), and R.K., Their Mother, and D.K., Their Father; R.K. (Mother) v. The Indiana Dept. of Child Services
42A05-1109-JT-548
Juvenile. Remands with instructions for the trial court to determine whether the mother received proper notice of a Knox County DCS hearing that terminated her parental rights, and if so whether the mother’s due process rights were violated.

Otoniel Muro-Esparza v. State of Indiana (NFP)
79A05-1111-CR-589
Criminal. Affirms convictions of and sentences for Class B felonies conspiracy to commit robbery and robbery, and Class D felony theft.

Dale Douglas Perkins, Jr. v. State of Indiana (NFP)
16A01-1112-CR-603
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated and Class D felony resisting law enforcement.
 

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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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