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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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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