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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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