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Opinions Aug. 18, 2014

August 18, 2014
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Indiana Court of Appeals
Linda D. McIntire, and those similarly situated v. Franklin Township Community School Corporation
49A02-1401-PL-2
Civil plenary. Affirms summary judgment in favor of the school corporation on McIntire’s lawsuit challenging certain fees charged to students in high school. The trial court erred in concluding her claim was subject to the notice requirements of the Indiana Tort Claims Act, but affirms because McIntire may not maintain a claim for monetary damages under Article I, Section 8 of the Indiana Constitution.

In re: The 2011 Marion County Tax Sale, Floor-Essence, LLC v. Marion County Auditor and Marion County Treasurer
49A02-1311-MI-934
Miscellaneous. Affirms judgment in favor of county officials that tax sale deeds be issued from the sale of property owned by Floor-Essence LLC. The auditor substantially complied with the statutes governing the notices and that the manner of service was reasonably calculated under all the circumstances to apprise Floor-Essence of the pendency of the action and afford it an opportunity to object.

Efren Mendoza-Vargas v. State of Indiana (NFP)
20A03-1311-CR-430
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance and Class D felony possession of marijuana.

In the Matter of the Termination of the Parent-Child Relationship of: J.E., Minor Child, JY.E., Father v. Indiana Department of Child Services (NFP)
82A01-1401-JT-20
Juvenile. Affirms involuntary termination of father’s parental rights.

In the Matter of the Termination of the Parent-Child Relationship of: C.C. III (Minor Child) and C.C. II (Father) v. Indiana Department of Child Services (NFP)
82A01-1401-JT-39
Juvenile. Affirms order terminating father’s parental rights.

Anthony D. Dunn v. State of Indiana (NFP)
34A02-1402-CR-99
Criminal. Affirms order revoking community corrections placement and committing Dunn to the Department of Correction for the remainder of his sentence. Remands for correction of mathematical error in the calculation of credit time.

Prince Santiago v. State of Indiana (NFP)
49A05-1312-CR-619
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

William Hess v. C.A.D., C.N.D., John Doe, Jane Doe (NFP)
20A03-1401-CT-35
Civil tort. Affirms ruling that Hess is liable to C.A.D., C.N.D., and their parents for damages resulting in emotional distress, counseling expenses and lost wages after Hess molested the juveniles.

Craig Sampson v. State of Indiana (NFP)
87A01-1312-CR-534
Criminal. Affirms conviction of Class C felony child molesting.

Jim Edsall v. State of Indiana (NFP)
57A05-1402-PC-51
Post conviction. Affirms in part the denial of Edsall’s petition for post-conviction relief, Finds summary denial was improper on the issue of the validity of his guilty plea. The failure to address this issue requires remand for determination of whether he entered into his guilty plea knowingly and voluntarily.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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