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Opinions Oct. 10, 2012

October 10, 2012
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7th Circuit Court of Appeals
Charles R. Kastner v. Michael J. Astrue, Commissioner of Social Security
11-1166
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses denial of disability benefits, finding the administrative law judge did not adequately explain why Kastner had not met the requirements for a presumptive disability. Remands for further proceedings.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

In the Matter of G.W. (Minor Child); A.W. (Mother) and J.W. (Stepfather) v. The Indiana Dept. of Child Services
07A01-1201-JM-6
Juvenile miscellaneous. Finds a trial court may order a parent to make a child available for an interview requested by the Department of Child Services to assess the child’s “condition” pursuant to I.C. 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home. Judge Riley dissents.

Tim L. Godby v. State of Indiana
33A01-1203-CR-128
Criminal. Affirms denial of motion to correct erroneous sentence. Godby’s belated attempt to correct the error related to costs through the motion to correct erroneous sentence is not proper.

In Re: The Matter of the Paternity of B.G., Minor Child; C.G. (Mother) v. R.M. (Father) (NFP)
77A01-1202-JP-82
Juvenile paternity. Reverses judgment allowing change of B.G.’s name and remands for a determination of best interest as it pertains to B.G.’s last name. Orders trial court to make the weekly child support order retroactive to at least the date that the mother filed the paternity action. Affirms giving the father a parenting time credit of $5.76 per week.

Judson D. Garrett v. State of Indiana (NFP)
02A04-1205-CR-231
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

Charles Musselwhite v. State of Indiana (NFP)
48A02-1202-PC-136
Post conviction. Affirms denial of petition for post-conviction relief.

Edward Cecil, Jr. v. State of Indiana (NFP)
22A04-1112-CR-689
Criminal. Affirms conviction of Class B felony dealing in cocaine or a narcotic drug.

Grandview Memorial Gardens, LLC, Keith Mefford, Brittan Mefford, Richard Eblen and Sherry Eblen v. John C. Eckert, Wilmer E. Goering, II, and Alcorn Goering & Sage, LLP (NFP)
49A02-1111-PL-992
Civil plenary. Affirms grant of summary judgment to Eckert and reverses it as to Goering and AGS. The statute of limitations does not bar the Grandview clients’ claims against Goering and AGS for negligently handling the fire insurance claim and there is a dispute of material fact as to whether the Grandview clients and Goering and AGS had an attorney-client relationship with respect to that matter. Remands for further proceedings.

Zachary Podorsky v. State of Indiana (NFP)
29A05-1202-CR-94
Criminal. Affirms conviction and sentence for Class A misdemeanor possession of marijuana.

Douglas A. Myers v. State of Indiana (NFP)
82A01-1202-CR-78
Criminal. Affirms sentence following guilty plea to two counts of Class B felony sexual misconduct with a minor.

Paris Knox v. State of Indiana (NFP)
48A02-1203-CR-214
Criminal. Affirms sentence following guilty plea to Class B felony unlawful possession of a firearm by a serious violent felon.

 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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