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Opinions April 9, 2014

April 9, 2014
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Indiana Court of Appeals
In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook
48A02-1307-MI-615
Miscellaneous. Affirms order the state should pay Pendleton Correctional Facility inmate Jeffrey Cook’s appellate counsel $5,232.35 in attorney fees and expenses. I.C. 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, and shifts the burden to the state to pay both trial and appellate costs.

State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander
35A02-1307-CT-638
Civil tort. Affirms dismissal of complaint of negligence against H.H. Niswander and award of attorney fees to the car dealership. There was no evidence in the cause-and-origin report that H.H. Niswander was negligent or that the oil change performed by H.H. Niswander caused the car fire. There was no evidence supporting State Farm’s allegations that H.H. Niswander was negligent or caused the fire. Despite this lack of evidence, State Farm pursued the case.

K.L. v. E.H.
29A02-1308-MI-681
Miscellaneous. Affirms order granting the petition for visitation filed by E.H., the paternal grandfather of K.L.’s child. The trial court did not abuse its discretion in excluding the testimony Mother wished to elicit from a mediator regarding visitation. The trial court acknowledged the limited contact mother had with E.H.’s family, the grandfather’s experience caring for and raising children, and that there was no evidence L.L. would be unsafe in his care. Judge Robb concurs in part and dissents in part.

Abelardo Perez-Romero v. State of Indiana (NFP)
20A03-1307-CR-290
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Matthew McKinney v. State of Indiana (NFP)
15A01-1309-CR-399
Criminal. Affirms 30-year aggregate sentence following guilty plea to two counts of dealing in a schedule II controlled substance, one as a Class A felony and one as a Class B felony; and Class C felony dealing in marijuana.

Roger T. Fox v. State of Indiana (NFP)
52A02-1307-IF-608
Infraction. Affirms citation for failing to wear a seatbelt under I.C. 9-19-10-2.

In the Matter of the Termination of the Parent-Child Relationship of: G.G. (Minor Child), And A.S. (Mother) & G.G., Jr. (Father) v. The Indiana Department of Child Services (NFP)
18A05-1308-JT-418
Juvenile. Affirms termination of parental rights.

Risha Warren v. Review Board of the Indiana Department of Workforce Development and Springs Valley Community School Corp. (NFP)
93A02-1311-EX-949
Agency action. Affirms denial of unemployment benefits.

Antione Marshall v. State of Indiana (NFP)
27A05-1308-CR-425
Criminal. Affirms revocation of probation and order Marshall serve his previously suspended sentence.

Zar Dyson v. State of Indiana (NFP)
27A02-1302-CR-135
Criminal. Affirms that the trial court properly denied Dyson’s motion to strike an amended charging information and acted within its discretion in refusing to give his tendered jury instruction that defined “recklessly.” Concludes that the evidence was sufficient to support Dyson’s convictions for intimidation and pointing a firearm. The conviction and sentence for the lesser offense—pointing a firearm—must be set aside on double jeopardy grounds because there was a reasonable possibility that the jury used the exact same evidence to convict Dyson of both offenses. Affirms 20-year aggregate sentence, except for the erroneous sentence imposed for pointing a firearm. Judge Crone concurs in part and dissents in part.

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

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  1. wow is this a bunch of bs! i know the facts!

  2. 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

  3. 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

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

  5. 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.

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