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Opinions April 22, 2014

April 22, 2014
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Indiana Court of Appeals
Shelly Bailey v. Lance Bailey
25A04-1309-DR-452
Domestic relation. Reverses trial court’s modification of physical custody of the two children. Finds the Parallel Parenting Time Order did not enable the court to modify the children’s custody to joint custody especially since neither parent petitioned for a change in custody. Judge John Baker dissented, writing that, as instructed by the Parallel Parenting Time Order, the trial court was trying to act in the best interest of the children and to prevent any further destructive behavior by the parents.

In the Matter of the Adoption of B.C.H., a Minor
41A04-1308-AD-388
Adoption. Affirms trial court orders denying grandparents’ motion for relief from judgment and motion to correct error that aimed to set aside stepfather’s adoption of 6-year-old B.C.H. Despite having provided care almost exclusively during the child’s first two years, grandparents are not parties required to receive notice and consent to the adoption. Grandparents also had actual knowledge of the proceedings and did not object or attempt to intervene. In a concurring opinion, Judge Paul Mathias would have required stepfather to get grandparents’ consent, but found in this case grandparents cannot pursue a late challenge to the adoption.

Randy E. Black v. State of Indiana
01A04-1310-CR-526
Criminal. Affirms conviction of Class C felony forgery, holding that the trial court did not err by not ruling on Black’s pro se request for an early trial and that Black did not receive ineffective assistance of counsel. Black, who was serving a sentence in the Department of Correction on unrelated charges, was appointed a public defender at an initial hearing, at which time he told the court he wanted to “file for fast and speedy trial too.” Because a defender had been appointed, that decision was a matter of strategy allocated to defense counsel, and the record does not establish counsel’s assistance fell below an objective standard of reasonableness.

State of Indiana, Indiana Bureau of Motor Vehicles, and Kent Schroder as Commissioner of Motor Vehicles v. Matthew E. Patty (NFP)
09A02-1311-MI-885
Miscellaneous. Reverses order granting Patty’s petition for issuance of a probationary driver’s license. Finds the Indiana Bureau of Motor Vehicles did notify Patty of his habitual traffic violator status and suspension. Also concludes Patty is ineligible for a probationary license because his license was already suspended for a previous judgment when he was arrested for operating while intoxicated in Hendricks County.

Desmond E. Lewis v. State of Indiana (NFP)
92A05-1306-CR-284
Criminal. Affirms conviction of operating a vehicle while intoxicated in a manner that endangers a person, a Class A misdemeanor.

Corey Bates v. State of Indiana (NFP)
49A04-1309-CR-435
Criminal. Affirms conviction for Class C felony forgery.

Conway Jefferson v. State of Indiana (NFP)
49A02-1309-PC-748
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and the Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

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  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?

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  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.

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