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Opinions Sept. 26, 2012

September 26, 2012
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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.
 

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  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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