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Opinions Feb. 14, 2014

February 14, 2014
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Indiana Court of Appeals
Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education
49A05-1308-PL-386
Civil plenary. Reverses dismissal of Teaching Our Posterity Success’ petition for judicial review challenging a decision by the Department of Education and State Board of Education to remove TOPS from its list of approved supplemental educational services providers. Remands to the DOE for the entry of statutorily mandated findings and conclusions to accompany its final order regarding TOPS.

Michael D. English v. State of Indiana (NFP)
45A04-1306-CR-322
Criminal. Affirms sentence for Class D felony trespass and Class A misdemeanor possession of marijuana.

Joseph Curnutt v. State of Indiana (NFP)
33A01-1304-CR-173
Criminal. Affirms convictions and sentence for Class B felony battery, Class D felony battery and admission to habitual offender status.

Baldev R. Saini v. Review Board of the Indiana Department of Workforce Development and Integrity Staffing Solutions I (NFP)
93A02-1308-EX-723
Agency action. Affirms decision that Saini is ineligible for unemployment benefits.

Donald W. Esco v. State of Indiana (NFP)
45A03-1304-CR-138
Criminal. Affirms denial of motion to suppress.

Andrew Wallace v. State of Indiana (NFP)
49A04-1306-CR-304
Criminal. Affirms convictions of Class D felony domestic battery, two counts of Class D felony battery on a child with injury, and status as a habitual offender, but reverses the sentence as it violates I.C. 35-50-1-2(c). Remands for resentencing consistent with the opinion.

David Lewicki v. State of Indiana (NFP)
48A02-1305-CR-426
Criminal. Affirms sentence for Class A felony robbery, Class B felony criminal confinement, Class C felony battery and for being a habitual offender.

Thomas W. Demeester v. Rebecca Demeester (NFP)
71A05-1305-DR-228
Domestic relation. Affirms determination husband dissipated marital assets so as to justify a deviation from the presumptive equal division of marital property. Reverses portion of the order requiring husband to pay 93 percent of the child’s primary and educational expenses and remands with instructions to reconsider the parties’ responsibilities for the educational expenses or to clarify the basis for its decision in that regard.

The Indiana Supreme Court and 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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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