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Opinions Feb. 16, 2012

February 16, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Richmond State Hospital and All Other Similarly Situated State Institutions and Agencies v. Paula Brattain, et al.
49S02-1106-CV-327
Civil. Holds that the back pay recovery of the non-merit employees of the state should be limited in the same manner as the Court of Appeals has set forth for that of merit employees of the state. Remands with instructions to recalculate the non-merit employees’ back pay judgment based upon the time period beginning either 10 days before the complaint or 10 days before the filing of their grievances until the day the state eliminated its split-pay system, and summarily affirms the COA in all other respects.

Indiana Court of Appeals
Raymond Dale Berryhill v. Parkview Hospital
02A04-1108-SC-400
Small claim. Affirms ruling that Parkview was immune from liability based on a statute that covers persons who assist in detentions. Disagrees with Berryhill that the immunity statute doesn’t apply because he wasn’t detained for purposes of the statute until after his wife filed the application for detention.

State of Indiana v. Elvis Holtsclaw
49A02-1108-CR-743
Criminal. Dismisses the state’s appeal of the denial of its motion to correct error following the trial court’s order granting Holtsclaw’s motion to suppress evidence. The state doesn’t have the authority to appeal the denial of its motion to correct error in this case. Judge Baker dissents.

Paternity of I.I.Y.; L.M.M. v. J.B.Y. (NFP)
84A01-1105-JP-236
Juvenile. Affirms conclusion that a change of custody was necessary. Reverses trial court’s child support award and remand with instructions that the trial court consider the relevant evidence when arriving at the child support award.

The Matter of the Term. of the Parent-Child Rel. of J.D. and R.G. v. Indiana Dept. of Child Services (NFP)
79A02-1108-JT-850
Juvenile. Affirms involuntary termination of parental rights.

City of Fort Wayne, Indiana v. Town of Huntertown, Indiana (NFP)
02A05-1107-MI-384
Miscellaneous. Affirms summary judgment for Huntertown. The trial court properly determined as a matter of law that Fort Wayne’s correspondence did not amount to a termination of an agreement regarding the treatment of sewage collected in Huntertown.

Roger L. Bushhorn v. State of Indiana (NFP)
40A01-1107-CR-315
Criminal. Reverses and remands with instructions to revise Bushhorn’s sentence to an aggregate term of 35 years for charges including Class A felony kidnapping. Affirms in all other respects.

Rosewood Management Company, Inc. v. Twyla Smith (NFP)

45A05-1107-CC-447
Civil collection. Affirms entry of judgment on the evidence in favor of Smith in a dispute as to whether Smith had to pay for damages to her apartment following a fire.

Jason B. Forrest v. State of Indiana (NFP)
91A05-1106-CR-324
Criminal. Affirms denial of motion to withdraw guilty plea.

Jason J. Kucenski v. State of Indiana (NFP)
20A05-1106-CR-353
Criminal. Reverses conviction of neglect of a dependent, but affirms 45-year sentence and conviction of dealing in methamphetamine. Remands for the trial court to vacate the neglect conviction and sentence for that charge.

State of Indiana v. Angela Bennett (NFP)
79A02-1110-PL-952
Civil plenary. Reverses order granting Bennett a restricted driver’s license.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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