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Opinions March 28, 2012

March 28, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals
Juan M. Garrett v. State of Indiana
49A04-1107-PC-410
Post conviction. Affirms denial of petition for post-conviction relief. Because Garrett’s double jeopardy claims are without merit, he was not prejudiced by his trial and direct appeal attorneys’ failure to raise these claims.

Janet Stewart v. Richmond Community Schools
93A02-1108-EX-793
Agency appeal. Affirms final judgment of the Worker’s Compensation Board of Indiana affirming a single hearing member’s determination of permanent partial impairment. The board’s determination that Stewart was not permanently and totally disabled was a final award subject to appellate review. She didn’t seek appellate review, so she waived any claim of error related to the board’s decision.

Teresa Yates v. State of Indiana (NFP)
49A02-1108-CR-823
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

C. Richard Marshall v. Kenneth W. Heider (NFP)
93A02-1106-EX-567
Agency appeal. Reverses order of the Worker’s Compensation Board of Indiana awarding $6,000 in attorney fees to Heider. Remands to the board with instructions.

Stuart Warren Lacy v. State of Indiana (NFP)
48A02-1107-CR-686
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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