ILNews

Opinions April 14, 2011

April 14, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT