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Opinions May 1, 2014

May 1, 2014
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Indiana Supreme Court
Alva Electric, Inc., Arc Construction Co., Inc., Danco Construction, Inc., Deig Bros. Lumber & Construction Co., Inc., et al. v. Evansville-Vanderburgh School Corporation and EVSC Foundation, Inc.
82S01-1307-PL-473
Civil plenary. Affirms summary judgment in favor of the defendants on the antitrust claim. Reverses summary judgment for the defendants on the issue of a public bidding violation. Holds the procedure employed by the school corporation to renovate one of its buildings violated Indiana’s Public Work Statute, but not the Antitrust Act. Remands with instructions to enter summary judgment in favor of the taxpayers who brought the lawsuit as well as a declaration that the transactions by the school corporation violated the Public Work Statute.

Daniel Brewington v. State of Indiana
15S01-1405-CR-309
Criminal. Grants transfer and affirms Brewington’s convictions for intimidating a judge and obstruction of justice related to a doctor, finding the evidence sufficient to support those convictions under I.C. 35-45-2-1(c)(1)-(3) – without implicating constitutional free-speech protections. Affirms Court of Appeals decision to reverse his intimidation convictions involving the doctor and judge’s wife and affirming Brewington’s perjury conviction.

Indiana Court of Appeals
Robert W. Evans v. State of Indiana (NFP)
79A04-1308-CR-386
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

In re the Marriage of: John Lane v. Leisa Lane (NFP)
49A02-1308-DR-698
Domestic relation. Reverses denial of John Lane’s motion for relief from judgment. Lane may file a notice of appeal from the dissolution decree with the clerk of Court of Appeals within 30 days of this opinion being certified.

In the Matter of the Termination of the Parent-Child Relationship of: R.J.L.E. (Minor Child), and B.E. (Father) v. The Indiana Department of Child Services (NFP)
02A03-1311-JT-450
Juvenile. Affirms termination of parental rights.

In the Matter of the Termination of the Parent-Child Relationship of: S.T. (Minor Child), and R.M. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1309-JT-396
Juvenile. Affirms termination of parental rights.

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

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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