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
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)
Criminal. Affirms sentence for Class D felony trespass and Class A misdemeanor possession of marijuana.

Joseph Curnutt v. State of Indiana (NFP)
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)
Agency action. Affirms decision that Saini is ineligible for unemployment benefits.

Donald W. Esco v. State of Indiana (NFP)
Criminal. Affirms denial of motion to suppress.

Andrew Wallace v. State of Indiana (NFP)
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)
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)
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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues