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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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