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Opinions April 18, 2012

April 18, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Todd Walters and Matenia Walters v. Aaron Austin and Herman & Goetz, Inc.
20A04-1106-CT-342
Civil tort. Dismisses the Walterses’ appeal of the judgment on a jury verdict in favor of Austin and his employer on the Walterses’ complaint for damages arising from a multi-vehicle accident. The appellate court does not have jurisdiction. Judge Darden dissents.

Alebro, LLC v. Review Board of the Indiana Department of Workforce Development and Jason Scheidell
93A02-1110-EX-970
Agency appeal. Reverses grant of unemployment benefits to terminated employee Scheidell. Holds that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination.

In Re the Adoption of K.B.M. and L.B.M.; T.M. v. R.P.F. (NFP)
39A01-1109-AD-423
Adoption. Affirms decision that biological father T.M.’s consent to the adoption by stepfather R.P.F. was not required.

In Re the Paternity of K.S.; J.S. v. M.M. (NFP)
17A03-1109-JP-438
Juvenile. Affirms trial court decision to continue joint legal custody, but reverses modification of primary physical custody to mother. Remands with instructions to enter an order addressing father’s contentions as to mother’s failure to pay costs. Judge Riley concurs in part, dissents in part, and would remand for sole legal custody to be awarded to either mother or father.

Chad Jeremy Orme v. State of Indiana (NFP)
73A01-1105-CR-233
Criminal. Reverses revocation of probation and sentence imposed.

Justin A. Staples v. State of Indiana (NFP)
90A04-1109-CR-490
Criminal. Affirms sentence for Class D felony aiding, inducing or causing theft.

Margaret M. Hammond v. Review Board of the Indiana Dept. of Workforce Development and Porter County Commissioners (NFP)
93A02-1110-EX-956
Agency appeal. Affirms Hammond is ineligible for unemployment benefits.

Dennis Mikel v. State of Indiana (NFP)
52A04-1111-SC-598
Small claim. Affirms the trial court did not err in denying Mikel’s request for appointed counsel or in not conducting a jury trial on his complaint. The trial court erred in entering judgment in favor of the defendants. Reverses and remands for an assessment of damages.

Ramon Crawford v. State of Indiana (NFP)
48A02-1108-CR-728
Criminal. Affirms revocation of probation and imposition of previously suspended portion of sentence.

Jason Myers v. State of Indiana (NFP)
09A02-1105-CR-598
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class B felony aggravated battery.

Huntington Copper, LLC v. Conner Sawmill, Inc. (NFP)
09A02-1110-PL-917
Civil plenary. Reverses denial of Huntington Copper’s motion to dismiss for lack of personal jurisdiction.

Derrick Mays v. State of Indiana (NFP)
49A02-1107-CR-669
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness and Class C felony carrying a handgun without a license.

Ronald Edward Madison, Jr. v. State of Indiana (NFP)
71A04-1110-CR-597
Criminal. Affirms conviction of Class D felony possession of cocaine.

Brandon Ray Carter v. State of Indiana (NFP)
73A01-1108-CR-379
Criminal. Affirms conviction of Class C felony battery causing serious bodily injury.

Jason A. Reber v. State of Indiana (NFP)
64A04-1107-CR-408
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor interference with reporting a crime.

Michael Jackson v. State of Indiana (NFP)
71A05-1112-CR-669
Criminal. Affirms conviction of Class D felony theft.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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