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Opinions Dec. 12, 2013

December 12, 2013
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Indiana Supreme Court
Richard Eric Johnson v. Gillian Wheeler Johnson
49S05-1303-DR-199
Domestic relation. Affirms the trial court order with respect to the calculation of Gillian Johnson’s health insurance premium credit and application of Eric Johnson’s Social Security Retirement benefits. Summarily affirms the Court of Appeals as to the remaining issues. The trial court’s approach was appropriate in light of the flexibility afforded by the Indiana Child Support Guidelines.

Indiana Court of Appeals
Anthony Smith v. State of Indiana
49A05-1304-CR-195
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy for knowingly violating a protective order. Smith was aware of the protective order and knew he could not contact his ex-girlfriend or come over to her home without the police present.

Charity Lindquist v. Cory Lindquist
23A04-1306-DR-277
Domestic relation. Affirms determination that Charity Lindquist was in contempt for denying Cory Lindquist his Christmas 2012 time. Reverses portion of order that determined the children were not allowed to spend any “one on one” unsupervised time with Charity’s boyfriend. There is no evidence that she is an unfit mother or that the boyfriend posed a danger or detriment to the children. Remands for the trial court to craft an order that will not deny Cory the opportunity to exercise additional parenting time in accordance with the guidelines, but also to permit the children to interact with Charity’s boyfriend on an unsupervised basis should she so desire, so long as Cory’s relationship with the children is not undermined or thwarted.

Paul D. Schoolman v. Tamzen L. Schoolman (NFP)
52A02-1304-DR-344
Domestic relation. Affirms distribution of property in dissolution of marriage.

Jacquelyn S. Johnson-Taefi v. Review Board of the Indiana Department of Workforce Development and AME Cleaning Services, LLC (NFP)
93A02-1306-EX-484
Agency action. Affirms determination that Johnson-Taefi is ineligible for unemployment benefits.

Zachariah Brownie v. State of Indiana (NFP)
49A04-1301-CR-3
Criminal. Judge Brown writes a dissent from the denial of a petition for rehearing, believing the court should reverse the probation revocation order and remand for a new hearing.

Joseph Rothell v. State of Indiana (NFP)
48A02-1303-CR-225
Criminal. Affirms revocation of probation and imposition of a portion of Rothell’s previously suspended sentence.

Jeffrey Allen Thomas v. State of Indiana (NFP)
82A01-1304-CR-175
Criminal. Affirms conviction of Class D felony battery upon a law enforcement officer.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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