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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. 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?

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