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Opinions March 18, 2011

March 18, 2011
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7th Circuit Court of Appeals
United States of America v. Dennis Jamison
10-1515
United States District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Jamison’s conviction of possessing a sawed-off shotgun, in violation of 26 U.S.C. sections 5861(d) and 5845(a). During his trial, the district court permitted the government to elicit testimony from Jamison’s wife on cross-examination regarding Jamison’s aggressiveness. Jamison appeals his conviction, arguing that the question and his wife’s response were irrelevant, unfairly prejudicial, unduly cumulative, and lacked foundation. The government claims that the evidence demonstrated Mrs. Jamison’s bias and motive to lie.

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Clinton County, et al. v. Jacqueline R. Clements, et al.
54A01-1008-PL-407
Civil. Affirms trial court’s grant of summary judgment to Clements on her claim for immunity under Indiana Code Section 34-13-3-3. Concludes the trial court abused its discretion when it denied Clements’ motion for reimbursement of attorney fees under Indiana Code Section 34-13-3-5(e). Remands for a calculation of attorney fees owed to Clements.

Kimberly Devlin v. Daniel L. Peyton
49A02-1008-DR-902
Domestic relation. Affirms dissolution court’s ruling regarding Peyton’s (father) parenting time, which was not disputed by Devlin (mother). Vacates dissolution court’s findings and conclusions regarding adoption proceedings that were pending in adoption court. Mother appealed the dissolution court’s conclusion that it had jurisdiction to address the adoption question and that she failed to establish that father’s consent to the adoption was not required.

Annette (Oliver) Hirsch v. Roger Lee Oliver
29A02-1004-DR-429
Domestic relation. Reverses trial court’s emancipation date of Sept. 23, 2009, for daughter born in May 1990, and concludes she was emancipated no earlier than Dec. 10, 2009. Remands for trial court to recalculate the amount of child support father has overpaid, and to apportion the payment of uninsured medical expenses incurred by two of the parties’ daughters in 2009, in accordance with this opinion. Also remands for entry of a post-secondary education expense order as to father. Finally, reverses award to father of attorney fees and his current wife’s travel expenses.

Ryan Michael Bodnar v. State of Indiana (NFP)
45A03-1010-CR-518
Criminal. Affirms conviction, pursuant to a guilty plea, of Class A felony dealing in narcotics.

The Indiana Tax Court posted no opinions before IL deadline.

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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