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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. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

  2. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  3. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  4. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  5. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

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