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Opinions Nov. 13, 2012

November 13, 2012
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Indiana Supreme Court
D.C. v. J.A.C.
32S04-1206-DR-349
Domestic relation/modification of custody. Reverses Court of Appeals ruling that overturned a trial court modification of a custody order in favor of a child’s father. In a case involving a mother who was moving out of state, the Supreme Court held that the Court of Appeals erred by failing to apply a highly deferential standard of review to the trial court’s determination of a custody modification based on testimony regarding the best interests of the child.

John Haegert v. University of Evansville
82S01-1204-PL-235
Civil Plenary. Affirms trial court’s decision granting summary judgment in favor of the university after Haegert filed a complaint alleging defamation, tortuous breach of his employment contract and intentional infliction of emotional distress. The Court of Appeals reversed, finding the university failed to meet its burden of proof.  

Indiana Court of Appeals
Kevin Perry v. State of Indiana (NFP)
49A02-1204-CR-265
Criminal. Affirms conviction of robbery and unlawful possession of a firearm by a serious violent felon, both Class B felonies, and escape, a Class C felony. Concludes the detective’s opinion was properly admitted as that of a skilled witness, the evidence was sufficient to support Perry’s convictions and the state’s closing argument did not create a fundamental error.

Robin R. Gordon v. Benny B. Gordon (NFP)
92A05-1205-DR-279
Domestic relation. Affirms trial court’s order that mother and father share joint legal custody of minor child.

Joseph Ridge v. State of Indiana (NFP)
29A02-1112-CR-1168
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class A misdemeanor. The COA found the trial court did not abuse its discretion in either denying Ridge’s request to hire an expert or in allowing Dr. Scott Kriger to hear the testimony of Hamilton County Sheriff’s Deputy Kent Mustain. The COA further concluded that the trial court did not abuse its discretion in admitting Kriger’s expert testimony that Ridge was intoxicated on K2 at the time of the traffic stop.
 

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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