Opinions June 26, 2013

June 26, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Michael D. Perkinson, Jr. v. Kay Char Perkinson
Domestic relation. Reverses trial court decision which prohibited the father from exercising any parenting time with his child and provided no means by which he could earn parenting time. Declares an agreement to forego parenting time in exchange for relief from child support void against public policy. The trial court’s prohibition against parenting time is not supported by the record.

Wednesday’s opinions
7th Circuit Court of Appeals

Michael Alexander v. United States of America
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses Alexander’s malicious prosecution and intentional infliction of emotional distress lawsuit against the United States under the Federal Tort Claims Act. The complaint for malicious prosecution sets forth enough plausible detail to provide adequate notice to the defendants and survive a 12(b)(6) motion to dismiss. Concludes the IIED claim is timely and adequately states a claim.

Indiana Court of Appeals
Hamilton Heights School Corp. v. Review Board of the Indiana Dept. of Workforce Development and Sherri K. Stepp, and The Indiana Dept. of Workforce Development
Agency action. Reverses decision by the Review Board of the Indiana Department of Workforce Development finding Hamilton Heights School Corp. liable for unemployment benefits relating to the dismissal of Sherri Stepp. The notice of the in-person hearing given to the school corporation was inadequate in light of the procedural history of this matter together with the confusing and seemingly inconsistent information contained in the documentation issued by the Department of Workforce Development. Remands with instructions. Judge Riley dissents.

Sterlen Shane Keller v. State of Indiana
Criminal. Grants state’s petition for rehearing and affirms original opinion in all respects. Regardless of what Sterlen Keller did with Robert Collier’s checks after he took them – whether he put them in his garage or cashed them – he committed the offenses when he took the checks from Collier’s mailbox and from that point on he committed a single continuing act of theft.

Rachel Van Alstine v. Review Board of the Indiana Dept. of Workforce Development and Dept. of Child Services (NFP)
Agency action. Affirms denial of claim for unemployment benefits.

Term. of the Parent-Child Rel. of: K.W., Minor Child, and D.F., Father v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights to K.W.

Patrick Lewis v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Clarenda Love v. Bruce Love (NFP)
Domestic relation. Reverses property distribution order following the dissolution of the Loves’ marriage. Remands with instructions for the trial court to determine the distribution in accordance with the presumption of an equal division of marital property.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.


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  1. This state's high court has spoken, the fair question is answered. Years ago the Seventh Circuit footnoted the following in the context of court access: "[2] Dr. Bowman's report specifically stated that Brown "firmly believes he is obligated as a Christian to put obedience to God's laws above human laws." Dr. Bowman further noted that Brown expressed "devaluing attitudes towards pharmacological or psycho-therapeutic mental health treatment" and that he made "sarcastic remarks devaluing authority of all types, especially mental health authority and the abortion industry." 668 F.3d 437 (2012) SUCH acid testing of statist orthodoxy is just and meet in Indiana. SUCH INQUISITIONS have been green lighted. Christians and conservatives beware.

  2. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  3. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  4. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  5. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.