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Opinions April 24, 2012

April 24, 2012
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Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals

George Clements v. Kimberly Hall and Stanley Harmon
06A04-1106-MI-282
Miscellaneous. Reverses trial court’s award of summary judgment for Kimberly Hall and Stanley Harmon, holding their attorney failed to notify George Clements and his attorney that a motion had been filed. Remands for further proceedings consistent with its opinion.

Shawn A. Keckler, Kari Felda, Special Admin. to the Estate of Ryan S. Holloway, Janice Norman, Dewayne Scott, Timothy J. Boganwright, et al. v. Meridian Security Insurance Company

43A03-1112-PL-551
Civil plenary. Reverses summary judgment in favor of Meridian Security Insurance Company, holding the company failed to prove that a driver who caused a fatal crash had violated an exclusionary clause in the policy. Holds that failing to pay for claims arising from the crash would have drastic consequences for those injured and killed in the crash, and remands for further proceedings.

Delbert Conklin v. Review Board of the Indiana Department of Workforce Development and Carter Express, Inc.
93A02-1109-EX-864
Civil. Reverses finding that Delbert Conklin was not entitled to unemployment benefits because of his momentary loss of consciousness that caused him to veer off the road and damage the truck he was driving for Carter Express, and its contents. Holds that no evidence suggests Conklin is to blame for that incident and he therefore did not breach a duty to Carter and should receive unemployment benefits.

Michael L. Crowe v. State of Indiana (NFP)
89A01-1108-CR-420
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony receiving stolen property and Class D felony theft.

Harold W. Reynolds v. State of Indiana (NFP)
48A04-1109-CR-468
Criminal. Affirms trial court’s order that Harold Reynolds serve the remaining 12 months of his previously suspended sentence for violation of his work release requirements.

Releford Green, Jr. v. State of Indiana (NFP)
84A01-1107-CR-320
Criminal. Affirms conviction of Class D felony domestic battery; reverses conviction of Class A misdemeanor battery on double jeopardy grounds and remands with instruction that the trial court vacate the conviction and sentence on that count.

Term. of Parent-Child Rel. of M.B., D.B., and D.S.; M.B. (Mother) v. Indiana Dept. of Child Services (NFP)
30A04-1110-JT-554
Juvenile. Affirms termination of mother’s parental rights.

In Re The Marriage of: Leanne Kathleen Johnson v. Florenzo Johnson (NFP)
49A02-1109-DR-852
Domestic relation. Affirms trial court’s grant of father’s petition to modify joint legal custody, awarding full custody of two children to father.

Indiana Supreme Court accepted no cases on transfer for the week ending April 20.
 

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  1. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  2. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  3. It's a capital offense...one for you Latin scholars..

  4. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

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