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Opinions Nov. 7, 2011

November 7, 2011
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7th Circuit Court of Appeals
Jessica J. Jelinek v. Michael J. Astrue, Commissioner of Social Security
10-3340
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Christopher A. Nuechterlein.
Civil. Reverses judgment of an administrative law judge that Jelinek’s collective mental and physical impairments were severe but not disabling. Reverses and remands for further proceedings on mother’s request for supplemental security income for daughter.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Edward J. Dixey v. State of Indiana
82A05-1104-CR-172
Criminal. Reverses theft conviction for Dixey and orders new trial, holding that Dixey should have been allowed to argue in closing arguments that the state failed to prove he committed theft, but may have proved a lesser claim.

Quintico Goolsby v. State of Indiana (NFP)
49A02-1105-CR-396
Criminal. Affirms conviction of Class A misdemeanor battery.

David Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
79A02-1101-MI-149
Miscellaneous. Affirms trial court’s dismissal of complaint for failure to prosecute, holding Burks-Bey put forth no reason for failing to pursue his case during two-plus years of inactivity.

Samuel L. Hobbs, Jr. v. State of Indiana (NFP)
18A04-1101-PC-46
Post conviction. Affirms denial of petition for post-conviction relief.

James Henry LaFramboise v. State of Indiana (NFP)
16A05-1104-CR-220
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Indiana Tax Court had posted no opinions at IL deadline.
 
 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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