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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. 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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