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Opinions April 1, 2013

April 1, 2013
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Indiana Court of Appeals
Roche Diagnostics Operations, Inc. v. Marsh Supermarkets, LLC
29A02-1201-PL-4
Civil plenary. Affirms judgment in favor of Marsh Supermarkets. The trial court did not abuse its discretion in awarding Marsh damages based on Roche’s rental obligation under the 18-year term of the sublease after Roche terminated it over a subordination non-disturbance and attornment agreement. Judge Crone dissents.

Michael L. Curtis v. State of Indiana

49A02-1203-MI-271
Miscellaneous. Grants state’s petition for rehearing but still concludes the trial court abused its discretion by denying Curtis’ motion for relief from judgment. Finds that where the underlying offense actually charged is fraud and not theft or conversion, there is no predicate for forfeiture.

Daniel G. Suber & Associates v. Edward Smith (NFP)
45A04-1205-CT-278
Civil tort. Affirms grant of Smith’s motion to enforce an equitable lien and the award of attorney fees. Denies Smith’s request for appellate attorney fees.

Edward E. Wroblewski v. Linda M. (Wroblewski) Cain (NFP)
33A01-1204-DR-170
Domestic relation. Affirms judgment issued in favor of Linda Cain resolving various petitions and motions related to the post-secondary education component of the parties’ child support obligations.

Aaron Ingle v. State of Indiana (NFP)

49A02-1206-CR-538
Criminal. Affirms convictions of three counts of Class D felony neglect of a dependent.

Rickie B. Gilliam v. State of Indiana (NFP)
79A02-1206-CR-482
Criminal. Affirms convictions and sentence for two counts of Class A felony attempted murder and one count of Class B felony possession of a firearm by a serious violent felon.

Charles Dunmore v. State of Indiana (NFP)

34A02-1209-CR-769
Criminal. Affirms convictions of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.

Trivest Partnership, L.P. v. James Gagan, Fred Wittlinger, Jack Allen and Eugene Deutsch (NFP)
45A03-1205-CT-208
Civil tort. Affirms denial of Trivest Partner’s motion for attorney fees against Gagan, Wittlinger, Allen and Deutsch.

Fayette County Board of Commissioners v. Howard Price (NFP)
21A04-1208-PL-434
Civil plenary. Affirms denial of the board of commissioner’s motion for summary judgment after the court concluded that the board’s decision not to reappointment Price as director of highway operations was a quasi-judicial decision that is subject to judicial review.

Baldemar Lopez Saldana v. State of Indiana (NFP)
20A05-1203-PC-128
Post conviction. Remands with instructions to dismiss Saldana’s appeal for relief from a ruling entered against him.

In the Matter of the Termination of the Parent-Child Relationship of: W.S.; B.B. v. Indiana Department of Child Services (NFP)
34A02-1210-JT-867
Juvenile. Affirms termination of parental rights.

Andrew Ray Golden v. State of Indiana (NFP)
40A05-1205-CR-243
Criminal. Affirms convictions of Class A felony manufacturing methamphetamine within 1,000 feet of a public park and Class D felony unlawful possession of a hypodermic needle.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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