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Opinions April 14, 2014

April 14, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Friday:
In the Matter of: Anonymous
45S00-1301-DI-33
Discipline. Issues private reprimand to Lake County attorney who engaged in misconduct by making false or misleading communications regarding legal services and failing to include an office address in public communication. Respondent must pay $250 fee and one-half of the costs and expenses of this proceeding.

Monday’s opinions
Indiana Court of Appeals

Ball State University v. Jennifer Irons, In re the Marriage of: Jennifer Irons, Wife, and Scott Irons, Husband
45A03-1307-DR-296
Domestic relation. Dismisses Ball State’s appeal of the order to release the college transcript of Jennifer Irons’ child. This appeal was not properly brought under Appellate Rule 14(A)(3). Denies Jennifer Irons’ request for appellate attorney fees. Judge Brown concurs in part and dissents in part.

Paula Rorer (Hubbard) v. William Shane Rorer (NFP)
87A04-1310-DR-494
Domestic relation. Affirms finding of indirect contempt against Hubbard in post-dissolution proceedings.

In re the Marriage of: Annette M. Huseman, f/k/a Annette M. Mantis v. Angelo N. Mantis (NFP)
45A04-1307-DR-351
Domestic relation. Reverses the trial court’s order denying mother’s motion to correct errors and the court’s April 23, 2013, order related to father’s total arrearage and the additional weekly amount he must pay toward his arrearage. Affirms the phase-in schedule of father’s modified support payments, and remands for proceedings consistent with this opinion. Judge Robb dissents.

Tyrone A. Thompson v. State of Indiana (NFP)
49A02-1309-PC-787
Post conviction. Affirms denial of petition for post-conviction relief.

Jeremy J. Holden v. State of Indiana (NFP)
45A04-1308-CR-436
Criminal. Affirms 10-year sentence for Class B felony armed robbery.

In the Matter of the Termination of the Parent-Child Relationship of: J.J. and A.J. (Minor Children) and S.J. (Father) v. Indiana Department of Child Services (NFP)
49A04-1309-JT-465
Juvenile. Affirms involuntary termination of parental rights.

Donald William Myers, III v. State of Indiana (NFP)
76A03-1305-CR-173
Criminal. Reverses Myers’ four convictions of Class A felony attempted murder.

Jay Darland and Kathleen Darland v. Elizabeth Rupp (NFP)
06A04-1308-PL-403
Civil plenary. Affirms judgment in favor of Rupp on the Darlands’ complaint seeking damages arising from a car accident.

The Indiana Supreme Court and 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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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