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Opinions April 14, 2011

April 14, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Diane Werner v. Gregory Werner

46A03-1008-DR-447
Domestic relation. Affirms order finding it would be in the children’s best interest for their father to be their primary physical custodian and awarding mother parenting time. Diane Werner waived her argument that the court used the wrong standard in determining whether to modify custody because she didn’t object at the custody hearing. The trial court’s findings are sufficient to support its judgment under the “best interests” standard. Judge Kirsch dissents.

Larry T. Bass v. State of Indiana

63A01-1007-CR-340
Criminal. Affirms convictions of and aggregate sentence of seven years with two years suspended for Class C felony child molesting and Class C felony attempted child molesting. Touching a child’s breasts or genitals isn’t required to sustain a child molesting conviction under I.C. Section 35-42-4-3(b). The trial court didn’t err by denying Bass’ motion for a directed verdict and he waived his claim of prosecutorial misconduct. There is no fundamental error on that issue.

Gloria Benefield v. State of Indiana
41A01-1006-PC-310
Post conviction. Affirms denial of petition for post-conviction relief. Her trial counsel’s decision not to object to the testimony regarding Benefield’s knowledge as to whether she was a certified qualified medication aide or to Jury Instruction 6 on the definition of “defraud” wasn't ineffective assistance of trial counsel. Benefield fails to carry her burden to establish that her attorney’s failure to object to the jury instruction created prejudice sufficient to that required for a finding of ineffective assistance of trial counsel.

Warren Parks v. State of Indiana (NFP)
24A01-1007-CR-358
Criminal. Affirms trial court did not abuse its discretion by denying Parks’ request to withdraw his guilty plea after he was sentenced for Class A misdemeanor check deception.

Judith Silverman and Morris Silverman v. Arden Johnson, et al. (NFP)

29A05-1006-PL-443
Civil plenary. Affirms judgment in favor of Johnson, Southern Companies Inc. and Southern Pediatrics LLC on the Silvermans’ complaint alleging, among other things, fraud, securities violations, theft, conspiracy, and breach of fiduciary duty.

Leonard J. Laraway v. Cathy A. (Laraway) Fisher (NFP)
29A05-1007-DR-430
Domestic relation. Vacates trial court order that found Leonard Laraway in arrears for child support and college expenses pursuant to a dissolution settlement agreement and in contempt for failure to make such payments. Remands with instructions to provide more specific findings on this issue or base the determination regarding Laraway’s salary and child support obligation on a signed and verified child support obligation worksheet.

Dennis Meadows v. State of Indiana (NFP)

61A01-1009-CR-483
Criminal. Affirms conviction of two counts of Class B felony burglary and one count of Class C felony burglary.

Paternity of T.B.; C.B. v. C.K. (NFP)
56A04-1008-JP-502
Juvenile. Affirms order which increased father C.K.’s parenting time with T.B. on a set schedule without imposing any restrictions on that parenting time.

Otis Chandler v. State of Indiana (NFP)

71A05-1005-PC-340
Post conviction. Affirms denial of petition for post conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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