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Opinions Sept. 8, 2011

September 8, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cathy Minix, et al. v. Sheriff Frank Canarecci, Jr., et al.
71A04-1009-CT-591
Civil tort. Reverses summary judgment in favor of Canarecci on Minix’s wrongful death claim and affirms denial of the medical providers’ motion for summary judgment in Minix’s wrongful death claim and medical malpractice claim. Minix’s Child Wrongful Death Statute claim against the sheriff isn’t barred by the doctrine of res judicata, and an award of damages on both the federal and state claims at issue won’t result in double recovery.

John A. Bailey v. State of Indiana (NFP)
82A01-1102-CR-71
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Robert A. Johnson v. State of Indiana (NFP)
71A03-1012-CR-672
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony possession of marijuana. Affirms determination Johnson violated his probation in a separate cause.

Gerald Clark v. State of Indiana (NFP)
84A01-1010-CR-527
Criminal. Affirms convictions of and sentence for Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession of marijuana.

Jason Clark v. State of Indiana (NFP)
49A02-1102-CR-61
Criminal. Affirms conviction of Class A misdemeanor battery.

Robert Johnson v. State of Indiana (NFP)
49A02-1010-PC-1242
Post conviction. Affirms denial of petition for post-conviction relief.

In Re the Marriage of: Samuel D. Gray v. Angel Gray (NFP)
33A05-1102-DR-89
Domestic relation. Reverses order as it pertains to finding Samuel Gray in contempt and instructs the amount paid by him to Angel Gray’s attorney be credited toward the money judgment balance. Affirms order that modified Samuel’s child support obligation and that he pay uninsured orthodontic expenses and certain college expenses.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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