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Opinions Nov. 9, 2011

November 9, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
In Re: The Paternity of M.F.; N.F. v. J.T.
10A01-1101-JP-15
Juvenile. Reverses portion of the order finding mother N.F. in contempt because she presented a prima facie case that the trial court abused its discretion. Reverses order that mother pay attorney fees based on the contempt finding. Affirms portion of the order that requires N.F. buy a plane ticket for M.F. to visit her father in Florida. Judge Kirsch dissents without opinion.

Timothy Southward v. State of Indiana
49A05-1103-CR-106
Criminal. Affirms conviction of and sentence for possessing material capable of causing bodily injury while incarcerated as a Class C felon. Although the trial court abused its discretion in admitting the Evidence Rule 404(b) evidence based on the intent exception, it does not rise to the level of fundamental error. Finds sufficient evidence to support the conviction and his sentence is not inappropriate.

Roy Hersley v. State of Indiana (NFP)
16A01-1105-CR-210
Criminal. Affirms convictions of and sentence for Class C felony dealing in marijuana, Class D felony theft and two adjudications as a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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