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Opinions Oct. 17, 2012

October 17, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court

J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C.
Agency appeal. Finds the court may rely on a different statutory ground of a just cause finding than the one relied upon by the review board when, as here, the review board’s findings of fact clearly establish the alternate subsection’s applicability. Affirms the review board under Indiana Code section 22-4-15-1(d)(5), that J.M. refused to obey instructions, and was thus fired for just cause. Affirms denial of unemployment benefits.

Indiana Court of Appeals
Earl F. Shields, Larry J. Shields, and Robert L. Shields v. Rodney L. Taylor
53A04-1202-PL-95
Civil plenary. Affirms trial court’s Dec. 9, 2011, finding of facts, conclusions of law and order, and the denial of the Shields’ motion to correct errors in favor of Rodney Taylor on his complaint for trespass. Agrees that the Shields’ counterclaim was not sufficiently pled to encompass a theory of easement by prescription.

Wind Wire, LLC v. Roger Finney and Patricia Finney
71A03-1202-PL-78
Civil plenary. Affirms judgment that Wind Wire fraudulently induced Roger and Patricia Finney to execute a contract for the purchase and installation of a residential wind turbine. The trial judge applied the correct legal standard.  

D.L., Glen Black, Ann Black, Steven Lucas, and K.L., by her Next Friend, D.L. v. Christine Huck, Laura Zimmerman, Angela Smith Grossman, Rhonda Friend, Angyl McClaine, and Indiana Dept. of Child Svcs.
79A04-1202-CT-61
Civil tort.  Concludes that DCS was not entitled to quasi-judicial immunity for any of the claimed actions, including negligence and intentional infliction of emotional distress, but is entitled to statutory immunity for all the originally dismissed claims except for the fraud claim. Ann and Glen, but not Steven, had standing to bring the suit, so D.L., K.L., Ann Black and Glen Black may proceed on the fraud claim. Remands for further proceedings.

In the Matter of the Term. of the Parent-Child Rel. of: A.R., V.R., C.R., and K.B.; and T.B. and C.R. v. The Indiana Dept. of Child Services and Lake County Court Appointed Special Advocates (NFP)
45A03-1201-JT-38
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of T.H.M.; T.H. and A.M. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-61
Juvenile. Affirms termination of parental rights.

George Powells v. State of Indiana (NFP)
49A02-1204-CR-255
Criminal. Affirms conviction and sentence for Class C felony battery.

Curt Lowder v. State of Indiana (NFP)
49A04-1204-CR-160
Criminal. Affirms conviction and sentence for murder.

Mark Phillips v. State of Indiana (NFP)
71A03-1201-CR-35
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Norman Barker v. State of Indiana (NFP)
49A02-1201-CR-20
Criminal. Affirms convictions and sentence for murder, felony murder, Class A felonies robbery and conspiracy to commit robbery, and Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court posted no opinions by IL deadline.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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