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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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