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Opinions Sept. 5, 2012

September 5, 2012
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Victor George v. Junior Achievement of Central Indiana Inc.
11-3291
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Vacates grant of Junior Achievement’s motion for summary judgment on the Employment Retirement Income Security Act claim and dismissal of George’s state-law claims without prejudice. The District Court must decide whether there is some other ground on which the case may be resolved short of trial or whether a trial on causation is necessary.  

Wednesday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Cody B. Honeycutt v. State of Indiana
92A04-1203-CR-149
Criminal. Reverses denial of motion to dismiss charges on grounds that they were barred by the Successive Prosecution Statute. Because the four charges were supported by probable cause and based on a series of acts so connected that they constituted parts of a single scheme or plan, they should have been charged in a single prosecution.

Napoleon Gracia, Sr. v. State of Indiana
34A04-1112-CR-667
Criminal. Affirms convictions of Class C felony disarming of a law enforcement officer, Class A misdemeanor battery, and Class A misdemeanor resisting law enforcement. While the filing of charges in Howard Superior Court I was an error, Gracia did not object to the filing and was unable to show fundamental error. He is also not entitled to the jury instruction on excessive use of force by police and his sentence is appropriate.

William LaShun Caples v. State of Indiana (NFP)
45A04-1202-CR-69
Criminal. Affirms denial of Caples’ motion to set aside jury verdict convicting him of three counts of Class A felony child molesting.

Charles Blakemore v. State of Indiana (NFP)
49A02-1201-CR-77
Criminal. Affirms denial of motion to correct erroneous sentence.

Najee S. Blackman v. State of Indiana (NFP)
34A02-1203-CR-335
Criminal. Affirms denial of motion to correct erroneous sentence.

Estate of Lewis G. Mark, Deceased, and Evelyn J. Mark v. 1st Source Bank (NFP)
71A03-1203-MF-143
Mortgage foreclosure. Affirms summary judgment for 1st Source as to its foreclosure complaint.

In the Matter of Term. of the Parent-Child Rel. of: D.H., C.H., & A.H.; and D.M. v. The Indiana Dept. of Child Services (NFP)
54A05-1202-JT-56
Juvenile termination of rights. Affirms involuntary termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of: Z.B., G.B., K.B., & S.B.; and T.S. v. Indiana Dept. of Child Services (NFP)
64A03-1201-JT-31
Juvenile termination of rights. Affirms termination of parental rights.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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