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Opinions, Sept. 6, 2013

September 6, 2013
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Opinions – Sept. 6, 2013

7th Circuit Court of Appeals
Scott Weigle and April Weigle v. SPX Corp.
12-3024 and John Moore, II and Corinne Moore v. SPX Corp.

12-3025
Civil. Vacates a district court grant of summary judgment for SPX Corp. on a complaint seeking damages due design defects on a semi-truck trailer support stand from which a trailer fell on mechanics. Affirms the district court judgment of summary judgment with respect to inadequate-warning claims.

United States of America v. Larry E. Hodge
12-2458
Criminal. Affirms 115-year sentence for multiple child pornography offenses. Rules the sentencing court does not have to consider every mitigating factor in a checklist fashion and draw conclusions regarding each one. The district court’s decision to not comment on the psychiatrist’s testimony about the effects of Hodge’s child abuse and potential for rehabilitation does not rise to the level of a procedural error.

Indiana Court of Appeals, Supreme Court and Tax Court issued no opinions by IL deadline Friday.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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