ILNews

Opinions April 15, 2011

April 15, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Heather Schrock v. Marion Schrock
20A03-1009-DR-484
Domestic relation. Vacates trial court’s belated order because it was made void by the instant appeal. Marion is able to proceed by cross-appeal to obtain appellate review of the issues raised in his motion to correct error as set forth in a footnote in Cavinder Elevators and in HomeEq. Reverses in part the dissolution order. Remands with instructions to determine whether the mistaken amounts included in the dissolution order were used to compute the award to Heather, what extent they were used, and revise the amount of the judgment to reflect the amount of liability stipulated by the parties. Remands for the trial court to determine the amount of any outstanding debt to Eagle, to modify the necessary amount of the final judgment, and enter an order or any entries necessary to revise the dissolution order consistent with this opinion and court’s findings on remand.

Thomas Battista v. State of Indiana (NFP)
64A03-1009-CR-516
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

James Mann v. State of Indiana (NFP)
49A02-1009-CR-1095
Criminal. Dismisses Mann’s appeal of the post-conviction court’s denial of his request for additional education credit time.

David Brockman v. State of Indiana (NFP)
53A04-1009-CR-588
Criminal. Affirms sentence following guilty plea to two counts of Class C felony operating a vehicle while intoxicated causing serious bodily injury.

Aaron D. Wilson v. Amber N. Wilson (NFP)
52A05-1008-DR-532
Domestic relation. Affirms division of marital estate.

Term. of Parent-Child Rel. of P.W., et al.; S.W. v. I.D.C.S. (NFP)
49A05-1010-JT-623
Juvenile. Affirms involuntary termination of parental rights.

D.B. v. A.C. (NFP)
93A02-1010-EX-1172
Civil. Reverses order of the Full Worker’s Compensation Board which affirmed the dismissal of D.B.’s application for adjustment of claim. Remands with instructions.

William A. Pennington, III v. Convergence Receivables (NFP)
10A05-1007-CC-447
Civil collections. Affirms denial of Pennington’s motion for relief from judgment in a debt collection action commenced by Convergence Receivables.

Shawn T. Parker v. State of Indiana (NFP)
40A01-1008-CR-412
Criminal. Affirms revocation of probation and order that Parker serve the balance of his executed sentence for each of the two separate convictions of nonsupport of a dependent child.

Lawrence Barrett v. State of Indiana (NFP)
82A01-1010-CR-519
Criminal. Affirms convictions of and sentence for two convictions of Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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