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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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