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Opinions Feb. 18, 2014

February 18, 2014
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Indiana Court of Appeals
Robert Durall v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1304-CT-103
Civil tort. Dismisses grant of partial summary judgment to Mark Weinberger and other defendants. This discretionary interlocutory appeal is untimely.

Tanner Piotrowski v. State of Indiana
46A03-1306-CR-222
Criminal. Affirms denial of Piotrowski’s motion to exclude any evidence or testimony from the state Department of Toxicology. After reviewing the relevant statutes, finds that the Legislature intended I.C. 10-20-2-7 to effectuate a transfer of control of the Department of Toxicology from the Indiana University School of Medicine to the state of Indiana. Although the Legislature transferred rulemaking authority to the state, it did not specifically require the state to promulgate a new set of rules regarding breath testing and gave the state discretion to rely upon the rules previously in existence. The court did not err when it denied Piotrowski’s motion to exclude.

In the Matter of the Adoption of J.L.J. and J.D.J., Minor Children; J.J. and T.H. v. D.E.
53A01-1306-AD-285
Adoption. Affirms order dispensing with father’s consent to the adoption of his children and denying grandmother T.H.’s petitions for guardianship and adoption of her grandchildren in favor of D.E. Sufficient evidence supports the trial court’s determination that father’s consent was not required based on his knowing failure to provide care and support for the twins despite an ability to do so. The trial court did not abuse its discretion in concluding that grandmother was not entitled to notice of the guardianship proceedings. Affirms it is in the best interest of the twins to remain with the guardian.

Segun Rasaki v. State of Indiana
49A05-1307-CR-330
Criminal. Dismisses Rasaki’s appeal following conviction of Class D felony sexual battery and Class B misdemeanor battery. Concludes, sua sponte, that the appeal is untimely.

State of Indiana v. Jeremy Ripperdan (NFP)
31A01-1305-CR-206
Criminal. Reverses suppression of the results of a search of property where Ripperdan had allegedly previously sold methamphetamine. Remands for further proceedings.

Jonathan "Slade" Taylor and Mark A. Casey v. Eric "Rico" Elmore and Fatheadz, Inc. (NFP)
32A05-1305-PL-257
Civil plenary. Reverses summary judgment for Elmore and Fatheadz on a complaint alleging fraud and other claims.

In the Matter of: R.C. v. K.P. (NFP)
02A03-1308-PO-375
Protective order. Affirms protective order against R.C.

In Re the Adoption of D.E.C.; B.C. v. P.L. (NFP)
29A05-1307-AD-369
Adoption. Affirms finding that father’s consent to stepfather’s adoption of D.E.C. was not necessary and that the adoption was in the child’s best interest.

In Re the Marriage of: Earika Fussner v. Clint Fussner (NFP)
87A01-1306-DR-261
Domestic relation. Affirms denial of wife’s motion for clarification and husband’s motion to dismiss.  

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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