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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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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