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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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