ILNews

Opinions Feb. 15, 2011

February 15, 2011
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The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
K.D., et al. Alleged to be C.H.I.N.S.; S.S. v. Indiana Dept. of Child Services, et al.
49A02-1004-JC-462
Juvenile. Reverses and remands juvenile court’s adjudication that the appellant-respondent’s stepchildren were children in need of services. Concludes that where, as here, one party admits to CHINS allegations while another denies them, due process entitles the contesting party to a fact-finding hearing and adjudication. The mother admitted to the allegations in the petition, but the stepfather denied the allegations and requested a fact-finding hearing.

Deborah J. Wise v. David T. Hays, et al.
76A03-1006-PL-323
Civil. Reverses and remands trial court’s grant of the sellers’ Indiana Trial Rule 12(B)(6) motion to dismiss for failure to state a claim after a buyer filed a complaint against the sellers of real estate for fraud and negligence. Concludes that genuine issues of material fact exist as to whether the sellers made fraudulent misrepresentations on the sales disclosure form required by statute.

In the Matter of the Guardianship of J.Y., an adult; D.R. v. Carey Services, Inc., Guardian of the Person of J.Y.
27A02-1005-GU-744
Guardianship. Affirms trial court’s designation of Carey Services, Inc. as guardian of J.Y.’s person. D.R. raised one issue for review: whether the trial court abused its discretion when it designated Carey as guardian of J.Y.’s person although Carey, a domestic nonprofit corporation, cannot serve as a domiciliary personal representative of a deceased person’s estate under Indiana law.

Aubrey Davis v. State of Indiana (NFP)
49A02-1006-CR-672
Criminal. Affirms conviction, after a bench trial, of battery, as a Class A misdemeanor.

Billy Ard v. State of Indiana (NFP)
37A04-1001-CR-103
Criminal. Reverses and remands trial court’s denial, in part, of Ard’s motion for earned credit time.
 
David A. Allen v. State of Indiana (NFP)
49A02-1007-CR-745
Criminal. Affirms conviction following a bench trial for welfare fraud as a Class C felony.
 
Termination of Parent-Child Relationship of A.L., et al.; E.L. v. Indiana Dept. of Child Services (NFP)
29A04-1008-JT-540
Juvenile. Affirms termination of mother’s parental rights as to her minor children, M.F.L., M.L., H.L., and A.L.
 
Stylian Kaltsas v. Paul Harry Kaltsas (NFP)
49A02-1006-DR-676
Civil. Affirms the trial court’s order granting summary judgment to Paul Harry Kaltsas on Stylian Kaltsas’ motion to set aside the 1996 decree dissolving the parties’ marriage.
 
Tamikka S. Lucius v. State of Indiana (NFP)
45A04-1004-CR-251
Criminal. Affirms convictions of and sentences for causing death while operating a motor vehicle with a blood alcohol concentration of at least 0.15 percent; operating a motor vehicle while intoxicated; and causing serious bodily injury while operating a motor vehicle with a blood alcohol concentration of at least 0.08 percent.
 
The Indiana Tax Court posted no opinions before IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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