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Opinions Feb. 21, 2014

February 21, 2014
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Indiana Court of Appeals
In the Matter of: TLC, a Child Alleged to be a Delinquent Child v. State of Indiana
60A01-1308-JV-377
Juvenile. Affirms commitment of TLC to the Indiana Department of Correction. Finds TLC did not receive unequal treatment and his due process rights were not violated. Rules that the juvenile court had an adequate factual basis to conclude that TLC was guilty of what would be the crime of resisting law enforcement, a Class A misdemeanor, if committed by an adult. Concludes the state sufficiently proved that TLC committed what would have been battery, a Class B misdemeanor, had it been committed by an adult.  

In the Matter of: S.G. and M.H. (Minor Children), Children Alleged to be Children in Need of Services, and P.G. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1307-JC-612
Juvenile. Affirms the judgment of the juvenile court. Finds the evidence was sufficient to support the Children in Need of Services adjudication.

Tommy Dawson v. State of Indiana (NFP)
49A02-1307-CR-584
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.

Timothy W. Woolum, Sr. v. State of Indiana (NFP)
48A02-1306-CR-560
Criminal. Affirms trial court’s revocation of Woolum’s probation and order that he serve the remainder of his suspended sentence in the Indiana Department of Correction.

Ronrico J. Hatch v. Kathleen Brita (NFP)
02A05-1307-SC-374
Small claim. Affirms dismissal on grounds that the limitation period had passed.

Don Rudd v. Adam Compton (NFP)
29A04-1306-PL-294
Civil plenary. Affirms denial of Rudd’s motion to correct error. Finds the trial court did not err in ordering Rudd to compensate Adam Compton for $24,684.29 in damages to his RV.

Patrick M. McVady v. Rebecka R. Pickett-McVady (NFP)
91A02-1308-DR-675
Domestic relation. Affirms denial of Patrick McVady’s request to modify his court-ordered life insurance payments and reduce his child support payments.

John C. Oosta v. State of Indiana (NFP)
20A03-1307-CR-251
Criminal. Affirms Oosta’s conviction of two counts of child molesting, both Class C felonies, and his aggregate 12-year sentence.

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

 

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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