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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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