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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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