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Opinions Aug.12, 2014

August 12, 2014
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Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of C.A., L.A., and M.A. (Minor Children) and B.A. (Mother) and J.A. (Father) v. The Indiana Department of Child Services
55A04-1401-JT-37
Juvenile. Affirms termination of parental rights for mother and father to their three minor children following father’s conviction of Class B felony dealing methamphetamine and mother’s conviction of Class D felony neglect of a dependent. While mother neither received nor signed a case plan negotiated with the Department of Child Services, the record shows mother didn’t lack knowledge of what she needed to do to get her children back, but rather she didn’t participate. Evidence also was sufficient to support termination of mother’s and father’s parental rights.

Kramer Hill v. State of Indiana (NFP)
48A02-1311-CR-924
Criminal. Affirms the revocation of Hill’s probation under two separate causes.

Todd Firkins v. Sheryl Firkins (NFP)
55A01-1311-DR-488
Domestic relation. Reverses the trial court’s child support calculation and remands for recalculation of father’s weekly obligation that includes credit for paying children’s health insurance premium. Affirms awarding sole legal custody to mother, awarding both child dependency tax exemptions to mother for the 2013 tax year, and restriction on father’s parenting time. Rules father did not establish that trial court’s questions rendered the bench trial unfair.  

Sergio Poitan v. State of Indiana (NFP)
73A01-1311-CR-512
Criminal. Affirms convictions for Class B felony burglary and Class D felony theft and aggregate sentence of 10 years.

Dustin Scott Stevenson v. State of Indiana (NFP)
45A03-1312-CR-494
Criminal. Affirms eight-year sentence for pleading guilty to burglary, a Class B felony.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.A. and S.A., Minor Children, and Their Father H.A., H.A. v. Indiana Department of Child Services (NFP)
28A01-1402-JT-70
Juvenile. Affirms termination of father’s parental rights.

Eric William Stahl v. State of Indiana (NFP)
45A04-1303-PC-137
Post conviction. Affirms denial of post-conviction relief petition.

In the Matter of the Paternity of A.E.T., A Minor Child, C.W., Individually and as Next Friend of A.E.T., Minor Child v. L.T. (NFP)
51A04-1401-JP-2
Juvenile paternity. Affirms denial of father’s petition to modify custody to grant him both joint legal and physical custody of minor child. Reverses trial court’s sua sponte restriction on father’s parenting time and remands to eliminate that provision from the order. Finds the trial court’s order on father’s child support was unclear and remands for trial court to determine whether the father’s petition for modifying child support should be granted.

Billy Ray Young v. State of Indiana (NFP)
34A04-1403-CR-114
Criminal. Affirms six-year sentence for pleading guilty to residential entry as a Class D felony and receiving stolen property as a Class D felony.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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