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Opinions Aug. 31, 2012

August 31, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals
Seabrook, Dieckmann & Naville, Inc. v. Review Board of the Indiana Dept. of Workforce Development and Monica Hilbert
93A02-1202-EX-100
Agency action. Reverses board’s conclusion that Hilbert’s employment was not terminated for just cause. Based on the evidence and testimony, Seabrook Dieckmann & Naville showed that Hilbert breached a duty in connection with work which was reasonably owed to her employer and her conduct was of such a nature that a reasonable employee would understand that the conduct was a violation of a duty owed to the funeral home. Remands for further proceedings.

Patricia J. Barrow and Charlie Hanka v. City of Jeffersonville, Jeffersonville Planning and Zoning Dept., Jeffersonville Board of Zoning Appeal, Jeffersonville Building Comm., et al.
10A05-1112-PL-647
Civil plenary. Affirms conclusion that Chester Hicks, city director of planning and zoning, and Russell Segraves, city building commissioner, were public officers and the statute of limitations in I.C. 34-11-2-6 was applicable to this case. Concludes that the director and building commissioner were public officers because both held positions for which duties are prescribed by law to serve a public purpose. Reverses summary judgment for the defendants because the plaintiffs’ complaint was timely filed.

Wabash County Young Men's Christian Association, Inc. f/k/a Wabash Community Service v. Taylor M. Thompson, a minor, by next friends, Brian Thompson and Charlene Thompson
85A05-1203-CT-138
Civil tort. Reverses order denying the YMCA’s motion to dismiss a negligence complaint brought by a 17-year-old injured while playing softball from sliding into base. The release form signed by Taylor Thompson’s mother was valid, and the teen’s injury was derived from a risk inherent in the nature of playing softball.

Term. of the Parent-Child Rel. of: B.F. (Minor Child), and M.G. & S.F. (Father & Mother) v. The Indiana Dept. of Child Services
26A04-1202-JT-90
Juvenile. Reverses termination of parental rights. The trial court committed fundamental error in terminating the parents’ rights when the child was removed under a dispositional decree for less than six months.

Alice Lee v. State of Indiana
49A02-1112-CR-1090
Criminal. Affirms conviction of attendance at an animal fighting contest as a Class A misdemeanor. Indiana Code 34-46-3-10 is not unconstitutionally vague.

Roderick Vandrell Lewis v. State of Indiana (NFP)
02A03-1201-CR-18
Criminal. Affirms convictions of two counts of felony murder.

Carroll S. Channell, Trustee of the Revocable Living Trust of Carroll S. Channell dated August 21, 2000, et al. v. Tim Moffatt and Bill Moffatt (NFP)
59A04-1112-PL-664
Civil plenary. Affirms pre-trial order resolving all pending motions in an action originally brought to quiet title to real estate located in Orange County. Remands for further proceedings.

Jeremy Lamar Lloyd v. State of Indiana (NFP)
45A04-1202-CR-79
Criminal. Affirms sentences for two counts of Class C felony burglary.

Term. of the Parent-Child Rel. of S.S., minor child, and D.S., mother, and W.S., father; D.S. and W.S. v. Indiana Dept. of Child Services (NFP)
53A05-1112-JT-673
Juvenile. Affirms involuntary termination of parental rights.

B.C. v. State of Indiana (NFP)
15A01-1202-JV-68
Juvenile. Vacates order B.C. register as a sex offender as the order was premature and remands with instructions.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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