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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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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