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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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