ILNews

Opinions Dec. 22, 2011

December 22, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
M.B., by his parents and next friends, Damian Berns and Amy Berns v. Hamilton Southeastern Schools and Hamilton-Boone-Madison Special Services
10-3096
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment in favor of the schools on the Berns’ suit that the schools violated the Individuals with Disabilities Education Act and the provisions relating to special education in the Indiana Administrative Code by failing to provide M.B. with a free appropriate public education. There was nothing unreasonable about the determination by the hearing officer, the Board of Special Education Appeals, and the District Court in finding that M.B. was making progress under his individualized education program. The Berns are also not entitled to reimbursement for the costs to place M.B. in a learning center or for attorney fees.

Indiana Court of Appeals
Carl A. Staples v. State of Indiana
48A05-1106-CR-298
Criminal. Affirms trial court’s determination that Staples committed a crime of domestic violence and is now precluded from possessing a firearm in the future. It was reasonable to infer from the facts of the case that Staples and Tamica Burnett were, or had been, in a dating relationship.

James Lowery v. State of Indiana (NFP)
15A05-1106-CR-296
Criminal. Affirms sentence following guilty plea to manufacture of more than 10 pounds of marijuana as a Class C felony.

Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)
46A05-1101-PL-46
Civil plenary. Affirms summary judgment in favor of nurses Turner and Hric.

Jeremy Dewayne Matheny v. State of Indiana (NFP)
87A05-1105-CR-260
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)
71A05-1103-JT-213
Juvenile. Affirms involuntary termination of father’s parental rights.

Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)
82A01-1103-PL-138
Civil plenary. Affirms judgment awarding Titan Financial Group attorney fees and expenses on the company’s complaint for breach of contract. Remands for an assessment of appellate attorney fees against Senior Market Development and Ahren Baumgart.

Katie Herrera v. State of Indiana (NFP)
20A03-1106-CR-286
Criminal. Affirms revocation of probation.

Matthew P. Philbee v. State of Indiana (NFP)
02A05-1107-CR-340
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony vicarious sexual gratification.

Stephen N. Kohlmeyer v. State of Indiana (NFP)
29A02-1105-CR-399
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with ACE of 0.08 or more.

Dewayne A. Dunn v. State of Indiana (NFP)
20A05-1103-CR-160
Criminal. Affirms conviction of murder.

Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)
40A05-1012-PL-755
Civil plenary. Affirms ruling that Mary Lou Duff’s complaint to recover possession of personal property is barred under the principles of res judicata.

George Parker v. State of Indiana (NFP)
49A04-1104-CR-181
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

R.S. v. State of Indiana (NFP)
49A05-1106-JV-309
Juvenile. Affirms order committing R.S. to the Indiana Department of Correction.

Roy N. Viverette, Jr. v. State of Indiana (NFP)
45A03-1105-CR-223
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.

Nathaniel Bobo v. State of Indiana (NFP)
45A03-1105-CR-224
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Curtis W. Birner v. State of Indiana (NFP)
52A02-1104-CR-462
Criminal. Affirms sentence following guilty plea to Class C felonies carrying a handgun without a license and intimidation.

Valgene Royal v. State of Indiana (NFP)
64A04-1105-CR-283
Criminal. Dismisses appeal of the trial court’s denial of Royal’s motion for sentence modification.

Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)
72A01-1104-JT-249
Juvenile. Affirms termination of parental rights.

Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)
93A02-1105-EX-431
Agency appeal. Affirms dismissal of Nelson’s appeal to the Review Board of the Indiana Department of Workforce Development on the grounds she didn’t timely file it.

Shawn Thomas v. State of Indiana (NFP)
39A04-1105-CR-259
Criminal. Affirms denial of motion for withdrawal of guilty plea.

The Indiana Supreme Court and Tax Court had posted no opinions at IL deadline.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

ADVERTISEMENT