ILNews

Opinions Sept. 26, 2012

September 26, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova
11-3710
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms grant of Bontrager’s request for a preliminary injunction in her putative class-action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The state is required to cover all medically necessary dental services, irrespective of the monetary cap.

United States of America v. Christopher Spears
11-1683
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Affirms conviction of aggravated identity theft. Spears sold his customer a fraudulent handgun permit bearing her own identifying information, which she then used in an attempt to buy a firearm, violating 18 U.S.C. Section 922(a)(6), a qualifying predicate felony for aggravated identity theft. Affirms conviction of producing a false identification document, as the fake driver’s license underlying this count is sufficiently realistic that a reasonable jury could conclude that it appears to be issued by the state of Indiana. Reverses conviction of unlawful possession of five or more false identification documents because two of the documents introduced are photocopies. Remands for resentencing.

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

Indiana Court of Appeals

Steven J. Hirst v. State of Indiana (NFP)
05A05-1204-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class D felony possession of a controlled substance.

Randy G. Cobb v. State of Indiana (NFP)
20A04-1203-PC-117
Post conviction. Affirms denial of petition for post-conviction relief.

Leaders Staffing LLC v. Review Board of the Indiana Dept. of Workforce Development and Jason P. Ballard (NFP)
93A02-1202-EX-149
Agency action. Reverses decision that Leaders Staffing did not meet its burden of proving that Ballard was discharged for just cause.

Jason Tye Myers v. State of Indiana (NFP)
79A02-1202-CR-123
Criminal. Dismisses appeal for lack of jurisdiction.

Jessie M. Spears v. Review Board of the Indiana Dept. of Workforce Development and Meijer Stores Limited Partnership (NFP)
93A02-1106-EX-519
Agency action. Affirms denial of claim for unemployment benefits.

Daniel Nolan v. State of Indiana (NFP)
17A03-1205-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class C felony incest.

Kevin A. Nasser v. State of Indiana (NFP)
84A05-1202-CR-82
Criminal. Affirms convictions of Class D felony battery by body waste, Class A misdemeanor battery, and Class B misdemeanors battery, disorderly conduct and public intoxication.

Brandon King v. State of Indiana (NFP)
48A02-1202-CR-90
Criminal. Affirms denial of King’s request at his sentencing hearing to withdraw his guilty pleas to five felonies under three cause numbers.

Joshua Banks v. State of Indiana (NFP)
49A04-1203-CR-120
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Gregory D. Webster v. State of Indiana (NFP)
71A05-1203-CR-109
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.

Baron D. McClung v. State of Indiana (NFP)
71A03-1202-CR-80
Criminal. Affirms conviction of Class D felony domestic battery.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  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.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  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!

ADVERTISEMENT