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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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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