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Opinions March 10, 2014

March 10, 2014
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The Indiana Supreme Court posted the following opinion March 7 after IL deadline:
In the Matter of the Termination of the Parent-Child Relationship of E.M. and El.M., E.M. v. Indiana Department of Child Services
45S03-1308-JT-557
Juvenile. Affirms in a 4-1 opinion termination of a father’s parental rights, holding that the Court of Appeals’ reversal of the trial court’s order improperly reweighed the evidence and assigned more weight to the father’s attempts toward rehabilitation. Justice Loretta Rush wrote for the majority that after more than three years, the children needed permanency more than a final effort at family preservation. Justice Robert Rucker dissented, holding that there was no evidence children had ever been abused and the state failed to prove by clear and convincing evidence that father’s parental rights should be terminated.

Monday’s opinions
Indiana Court of Appeals
Jeff L. Ewing and Renee Ewing, Household Finance Corporation III v. U.S. Bank, N.A., as Trustee for the Structured Asset Securities Corp., Series 2005-GEL4
50A03-1308-MF-327
Mortgage foreclosure. Finds summary judgment in favor of U.S. Bank was appropriate. Also affirms U.S. Bank’s motion to dismiss the Ewings’ supplemental complaint for failure to state a claim upon which relief could be granted. The Ewings argued the bank failed to act in good faith during the settlement discussions as required by the Alternative Dispute Resolution rules. The COA held the settlement talks were not a mediation, so the A.D.R. rules did not apply.  

Brian Bradley v. State of Indiana
69A04-1306-CR-268
Criminal. Affirms conviction of Class D felony dealing in marijuana. Finds that while one piece of evidence may not have established probable cause to search Bradley’s apartment, taken together and viewed collectively, the evidence is sufficient to support the trial court’s finding of probable cause. Judge Patricia Riley dissented, arguing police made no effort to verify the information and did not include all material facts in the affidavit.

Jerimaine Carter v. State of Indiana (NFP)
49A05-1307-CR-345
Criminal. Affirms Carter’s sentence to concurrent terms of 34 years for attempted murder as a Class A felony, with 32 years served at the Indiana Department of Correction and two years served on community corrections; one-and-a-half-years for resisting law enforcement as a Class D felony; and one year for carrying a handgun without a license as a Class A misdemeanor.

Darod A. Wheeler v. State of Indiana (NFP)
03A01-1310-CR-462
Criminal. Vacates judgment and remands with instructions to reinstate the Nov. 13, 2012, sentencing order and modify it with the appropriate credit time. The November order included that Wheeler be required to serve three years of his previously suspended sentence in the Indiana Department of Correction. The trial court had amended that order to four years and four months in the DOC. The trial court explained it amended the sentence in order to give Wheeler enough time to participate in a substance abuse program in the DOC.

 In the Matter of L.W. and J.W., Children in Need of Services, and J.W. (Father) and L.W. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1308-JC-700
Juvenile. Reverses the trial court’s adjudication of L.W. and J.W. as children in need of services. Finds that the Marion County Department of Child Services failed to meet its burden demonstrating that coercive intervention of the court was necessary.

Juan Williams v. State of Indiana (NFP)
49A05-1307-CR-373
Criminal. Affirms conviction for battery as a Class A misdemeanor.

Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.


 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

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  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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