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Opinions Feb. 18, 2014

February 18, 2014
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Indiana Court of Appeals
Robert Durall v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1304-CT-103
Civil tort. Dismisses grant of partial summary judgment to Mark Weinberger and other defendants. This discretionary interlocutory appeal is untimely.

Tanner Piotrowski v. State of Indiana
46A03-1306-CR-222
Criminal. Affirms denial of Piotrowski’s motion to exclude any evidence or testimony from the state Department of Toxicology. After reviewing the relevant statutes, finds that the Legislature intended I.C. 10-20-2-7 to effectuate a transfer of control of the Department of Toxicology from the Indiana University School of Medicine to the state of Indiana. Although the Legislature transferred rulemaking authority to the state, it did not specifically require the state to promulgate a new set of rules regarding breath testing and gave the state discretion to rely upon the rules previously in existence. The court did not err when it denied Piotrowski’s motion to exclude.

In the Matter of the Adoption of J.L.J. and J.D.J., Minor Children; J.J. and T.H. v. D.E.
53A01-1306-AD-285
Adoption. Affirms order dispensing with father’s consent to the adoption of his children and denying grandmother T.H.’s petitions for guardianship and adoption of her grandchildren in favor of D.E. Sufficient evidence supports the trial court’s determination that father’s consent was not required based on his knowing failure to provide care and support for the twins despite an ability to do so. The trial court did not abuse its discretion in concluding that grandmother was not entitled to notice of the guardianship proceedings. Affirms it is in the best interest of the twins to remain with the guardian.

Segun Rasaki v. State of Indiana
49A05-1307-CR-330
Criminal. Dismisses Rasaki’s appeal following conviction of Class D felony sexual battery and Class B misdemeanor battery. Concludes, sua sponte, that the appeal is untimely.

State of Indiana v. Jeremy Ripperdan (NFP)
31A01-1305-CR-206
Criminal. Reverses suppression of the results of a search of property where Ripperdan had allegedly previously sold methamphetamine. Remands for further proceedings.

Jonathan "Slade" Taylor and Mark A. Casey v. Eric "Rico" Elmore and Fatheadz, Inc. (NFP)
32A05-1305-PL-257
Civil plenary. Reverses summary judgment for Elmore and Fatheadz on a complaint alleging fraud and other claims.

In the Matter of: R.C. v. K.P. (NFP)
02A03-1308-PO-375
Protective order. Affirms protective order against R.C.

In Re the Adoption of D.E.C.; B.C. v. P.L. (NFP)
29A05-1307-AD-369
Adoption. Affirms finding that father’s consent to stepfather’s adoption of D.E.C. was not necessary and that the adoption was in the child’s best interest.

In Re the Marriage of: Earika Fussner v. Clint Fussner (NFP)
87A01-1306-DR-261
Domestic relation. Affirms denial of wife’s motion for clarification and husband’s motion to dismiss.  

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

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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