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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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