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Opinions Feb. 24, 2011

February 24, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
French C. Mason v. State of Indiana
49A02-1005-CR-475
Criminal. Affirms convictions of Class D felonies resisting law enforcement and unlawful use of body armor. The trial court had sufficient evidence to show Mason resisted law enforcement and his crime rose to the Class D felony level and to conclude Mason intended to wear body armor in the aid of the felony of resisting law enforcement through the use of a vehicle.

Gayle Fischer v. Michael and Noel Heymann/ Michael and Noel Heymann v. Caryn J. Craig, et al.  
49A04-1004-PL-231
Civil plenary. Reverses judgment in favor of the Heymanns that Fischer reimburses the Heymanns’ earnest money deposit to purchase Fischer’s condominium and pay their litigation costs and attorney fees. The trial court clearly erred in concluding the property’s electrical concerns constituted “major defects” as defined in the purchase agreement. The substantive findings in the inspection report do not support an objectively reasonable belief that the defect was major. Remands for determination of damages owed to Fischer and reasonable attorneys fees to be awarded to her. Judge Elaine Brown dissents.

Stephanie L. Cotton v. Charles C. Cotton
43A03-1005-DR-325
Domestic relation. Reverses denial of Stephanie’s motion to set aside the decree of dissolution that the court had entered dissolving the Cottons’ marriage. The summons served on Stephanie was insufficient as a matter of law for the court to exercise personal jurisdiction over her, therefore, the decree is void. Remands for further proceedings.

In the Matter of the Adoption of M.B.; Je.B. v. Ja.B.
39A01-1007-AD-366
Adoption. Affirms order dismissing stepfather Je.B.’s petition to adopt M.B. without the consent of her natural father, Ja.B. The stepfather didn’t meet his burden of showing that the natural father’s consent is not required for the adoption and the trial court didn’t err when it denied and dismissed his petition to adopt M.B. without the father’s consent.

Bruce Fox v. Dennis Rice, et al.
54A01-1003-PL-97
Civil plenary. Grants rehearing to clarify that Fox’s false imprisonment ended when he was served with an arrest warrant and that Willis lacked final policymaking authority. Affirms original opinion in all respects.

Frank A. Workman, M.D., et al. v. Ann O'Bryan
29A05-1003-PL-169
Civil plenary. Affirms on interlocutory appeal the denial of Dr. Workman’s motion for summary judgment on the issue of statute of limitations in a medical malpractice suit brought by O’Bryan. O’Bryan met her burden to show, at least, an issue of material fact as to whether she filed her proposed complaint within a reasonable time.

Phillip Collier v. State of Indiana (NFP)
49A04-1007-CR-401
Criminal. Reverses conviction of Class A misdemeanor criminal trespass.

R.M. v. Review Board (NFP)
93A02-1004-EX-364
Civil. Affirms decision that R.M. was discharged for just cause and not eligible for unemployment benefits.

Term. of Parent-Child Rel. of W.C., et al.; D.C. v. IDCS (NFP)
57A03-1006-JT-350
Juvenile. Affirms involuntary termination of parental rights.

Timothy Huffman v. State of Indiana (NFP)
82A01-1008-CR-452
Criminal. Affirms denial of petition for post-conviction relief.

Bernard Pettis v. R.R. Donnelley & Sons (NFP)
93A02-1003-EX-392
Civil. Affirms decision of the Full Worker’s Compensation Board that affirmed the decision of a hearing member awarding Pettis more than $19,000 in temporary total disability benefits.

Term. of Parent-Child Rel. of B.G.; H.G. v. IDCS (NFP)
52A02-1007-JT-854
Juvenile. Affirms termination of parental rights.

Curtis Westbrook v. Nye's Wrecker Service (NFP)
18A02-1004-SC-451
Small claims. Affirms judgment denying Westbrook’s claim against Ney’s Wrecker Service arising from the impounding of Westbrook’s vehicle.

Jesus D. Russell v. State of Indiana (NFP)
53A01-1009-CR-443
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary and one count of Class C felony criminal recklessness.

Richard Oldfield, Jr. v. State of Indiana (NFP)
69A01-1007-CR-408
Criminal. Affirms revocation of probation and order Oldfield serve the suspended portion of his sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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