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.














Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.