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Opinions Sept. 7, 2012

September 7, 2012
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7th Circuit Court of Appeals
Robert S. Filus v. Michael J. Astrue, Commissioner of Social Security
No. 12-1164
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Magistrate Judge Roger B. Cosbey.
Civil/Social Security. Affirms denial of disability benefits, holding that substantial evidence supports the decision of the administrative law judge.  

Indiana Court of Appeals
In Re Adoption of M.L.; J.H. v. J.L. and C.L.
29A02-1201-AD-54
Adoption. Affirms trial court ruling that the biological father was an unfit parent and therefore the adoptive parents did not need to get his consent for the adoption.

Kenneth W. Smith and Deb-Anne Smith v. Dermatology Associates of Fort Wayne, P.C. a/k/a Dermatology & Laser Surgery Associates of Fort Wayne, P.C.
02A03-1201-CT-41
Civil tort. Affirms lower court ruling that a burn patient failed to present sufficient evidence to invoke the doctrine of res ipsa loquitur.

Timothy A. Bolin v. State of Indiana (NFP)
63A01-1202-CR-89
Criminal. Affirms order modifying sentence after a conviction of Class B felony conspiracy to manufacture methamphetamine and guilty plea to Class B felony manufacturing methamphetamine.

Dwayne Rhoiney v. State of Indiana (NFP)
49A02-1107-CR-650
Criminal/rehearing. Reaffirms original opinion upholding trial court sentence for murder, criminal confinement and carrying a handgun without a license.

Damionne M. Nichols v. State of Indiana (NFP)
02A04-1203-CR-133
Criminal. Affirms conviction and sentence for unlawful possession of a firearm by a serious violent felon, a Class B felony.

Janella Datcher v. State of Indiana (NFP)
82A01-1111-CR-506
Criminal. Affirms convictions and 35-year sentence for Class A felony child molesting and two counts of Class D felony battery.

Terrance Mitchem v. State of Indiana (NFP)
71A03-1110-PC-497
Post-conviction. Affirms denial of post-conviction relief for murder, attempted murder, three counts of attempted murder, two counts of rape and one count of criminal deviate conduct.

Lance Scott Boutte v. State of Indiana (NFP)
02A05-1202-CR-91
Criminal. Affirms trial court denial of petition to file a belated notice of appeal.

Curtis B. Lay v. State of Indiana (NFP)
18A02-1111-CR-1074
Criminal. Affirms conviction of Class A felony dealing in a schedule III controlled substance.

T.A.B. v. State of Indiana (NFP)
57A03-1204-JV-154
Criminal. Affirms juvenile court order placing T.A.B. in Indiana Boys School.

Indiana Tax Court
Indiana Dept. of State Revenue, Inheritance Tax Division v. The Supervised Estate of John A. Schoenenberger, Deceased
49T10-1010-TA-54
Estate. Reverses probate court determination that the estate was entitled to interest on its refund claim computed according to the 1980 version of Indiana Code 6-4.1-10-1 and judgment interest. The tax court held that a refund on inheritance tax paid was done so within the statutorily required timeframe, and therefore the probate court erred in granting the estate interest on its refund claim and judgment interest. Remands for further proceedings.

Indiana Supreme Court posted no opinions at IL deadline.


 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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