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Opinions Aug. 28, 2014

August 28, 2014
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Indiana Court of Appeals
Nightingale Home Healthcare, Inc. v. Carey Helmuth and Physiocare Home Healthcare, LLC
29A04-1403-PL-121
Civil plenary. Affirms summary judgment in favor of Helmuth and Physiocare Home Healthcare LLC, in which the trial court concluded that Helmuth’s 10-day break in employment with Nightingale served as the starting point of his limited non-competition and non-disclosure agreement.

Ryan Worline v. State of Indiana (NFP)
49A02-1312-CR-1041
Criminal. Affirms conviction and sentence for murder.

In the Matter of the Termination of the Parent-Child Relationship of: D.S. (Minor Child) and T.S. (Mother) v. The Indiana Department of Child Services (NFP)
02A05-1401-JT-37
Juvenile. Affirms termination of parental rights.

David K. Asiedu v. State of Indiana (NFP)
30A01-1311-CR-486
Criminal. Reverses convictions of Class D felonies fraud and theft, and Class C felony forgery. Remands for further proceedings. Judge Friedlander dissents.

Mitchell Mulnix v. State of Indiana (NFP)
49A02-1402-CR-71
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

In re the Involuntary Termination of the Parent-Child Relationship of: A.K. & H.K. (minor children) and A.K. (Mother) v. The Indiana Department of Child Services (NFP)
19A01-1403-JT-145
Juvenile. Affirms termination of parental rights.

Monisha Rhodes v. State of Indiana (NFP)
49A02-1312-CR-1068
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Roger Long v. Advanced Pain Management (NFP)
79A04-1312-CC-503
Civil collection. Reverses denial of Long’s motion to dismiss pursuant to Ind. Trial Rule 41(E). Remands for further proceedings. Judge Bradford dissents.

Daryl Gilbert v. State of Indiana (NFP)
49A02-1401-CR-37
Criminal. Affirms convictions of murder and Class B felony possession of a firearm by a serious violent felon.

 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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