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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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