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Opinions Nov. 26, 2012

November 26, 2012
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Indiana Court of Appeals
Term. of the Parent-Child Rel. of B.W. and C.W. (Minor Children); J.W. (Mother) B.W. (Father) v. Indiana Dept. of Child Services (NFP)
33A04-1206-JT-289
Juvenile. Affirms termination of parental rights.

In Re the Paternity of G.J.C. and C.E.C.; J.T. v. N.R. and R.C. (NFP)
45A05-1205-JP-250
Juvenile. Reverses grant of mother’s motion for judgment on the evidence regarding paternity and remands for further proceedings.

Kellylee Sexton v. State of Indiana (NFP)
46A05-1204-CR-204
Criminal. Affirms conviction and sentence for Class B felony dealing in a controlled substance.

Kendrick Alexander v. State of Indiana (NFP)
02A03-1205-CR-213
Criminal. Affirms revocation of probation.

N.L. v. State of Indiana (NFP)
47A01-1205-JV-245
Juvenile. Affirms order juvenile N.L. register as a sex offender.

Todd Shireman v. Todd Hensley and Jerry McKay d/b/a H&M Cattle Company (NFP)
29A04-1201-PL-40
Civil plenary. Affirms denial of Shireman’s request for attorney fees under the general recovery statute and the grant of attorney fees to Shireman as a sanction for discovery violations.

Terry Wade v. State of Indiana (NFP)
36A01-1203-CR-85
Criminal. Affirms denial of motion to suppress evidence obtained as the result of a warrantless entry into Wade’s home.

Jonathan E. Perdew v. State of Indiana (NFP)
32A01-1112-CR-587
Criminal. Affirms Perdew’s convictions and aggregate eight-year sentence executed and eight years suspended for two counts of Class C felony child molesting, bur reverses a restitution order. Remands with instructions to modify the order to reflect the amount of restitution supported by the evidence.

Jack Marshall v. Beth Marshall (NFP)
27A05-1201-DR-52
Domestic relation. Affirms modification of Jack Marshall’s child support obligation and the treatment of extracurricular and extraordinary educational expenses, as well as the award of attorney fees to Beth Marshall.

J.P. v. State of Indiana (NFP)
49A02-1205-JV-360
Juvenile. Reverses true finding of delinquency for resisting law enforcement.

Albert Van Meter and Krissy Van Meter v. United States Steel Corporation (NFP)
45A03-1204-CT-156
Civil tort. Affirms summary judgment to U.S. Steel regarding its duty to Albert Van Meter under premises liability principles. Reverses in part the grant of summary judgment because genuine issues of material fact exist as to whether U.S. Steel assumed a liability to Van Meter and regarding breach and proximate cause. Remands for further proceedings.

Oluwasanmi Animashaun v. State of Indiana (NFP)
49A02-1203-CR-248
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
 

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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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