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Opinions Oct. 4, 2011

October 4, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Saba Tesfamariam v. Moghes Woldehaimanot
49A02-1009-DR-1050
Domestic relation. Affirms decree of dissolution of marriage, which awarded father Moghes Woldehaimanot full custody of the minor children. The trial court abused its discretion by failing to establish that mother Saba Tesfamariam’s interpreter was qualified and by failing to administer an oath to the interpreter to provide an accurate translation. The failure to establish the qualifications or to administer an oath is not a fundamental error, and the trial court’s errors in the instant case were not fundamental.

Brian Parker v. State of Indiana (NFP)
25A04-1104-CR-191
Criminal. Affirms sentence following guilty plea to Class A felony sexual misconduct with a minor.

In the Matter of the Unsupervised Estate of Luther Penick; Keith Penick v. Shawn Penick (NFP)
78A01-1103-EU-163
Estate, unsupervised. Affirms order granting Shawn Penick’s claim against the estate in the amount of $25,000.

Todd A. Bebout v. State of Indiana (NFP)
02A05-1104-PC-157
Post conviction. Affirms Bebout’s sentence following guilty plea to Class B felony operating a vehicle with a controlled substance or its metabolite in blood causing death, Class D felony operating a vehicle while intoxicated causing serious bodily injury, and being a habitual substance offender.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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