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Opinions May 22, 2012

May 22, 2012
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7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
In the Matter of V.H.; J.H. v. Indiana Dept. of Child Services

49A02-1110-JC-947
Juvenile. Reverses juvenile court’s grant of CHINS petition and vacates the court’s participation order, holding that the CHINS adjudication and participation decree were erroneous.

Dwayne Rhoiney v. State of Indiana (NFP)

49A02-1107-CR-650
Criminal. Affirms resentencing by trial court for felony murder, Class B felony criminal confinement and Class A misdemeanor carrying a handgun without a license.

Ohio Farmers Insurance Company and S.C. Nestel, Inc. v. Indiana Drywall & Acoustics, Inc. (NFP)
49A02-1106-CC-534
Civil collections. Affirms trial court’s denial of Nestel’s motion for summary judgment, but reverses the denial of Ohio Farmers’ motion for summary judgment with respect to Indiana Drywall’s bond claim.

Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1105-CR-408
Criminal. Affirms convictions of Class A and Class C felony child molesting.
 

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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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