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Opinions Feb. 28, 2013

February 28, 2013
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Indiana Court of Appeals
Verdyer Clark v. State of Indiana
49A04-1202-CR-66
Criminal. Grants rehearing for clarification and affirms in all respects. Holds that the determination whether the age of a perpetrator is relevant to a child victim’s medical diagnosis or treatment is best left to another case.

David A. Turner v. Debbie L. Turner
85A02-1208-DR-704
Domestic relation. Reverses order denying David Turner’s petition to terminate child support for his 19-year-old child filed based on a change in Indiana Code 31-16-6-6. The trial court’s failure to follow the law as set forth by the Legislature was an abuse of discretion, and the court had no discretion to extend the father’s duty to pay child support beyond what is required by the law.

Alexander Nikolayev v. Natalia Nikolayev

49A05-1207-DR-372
Domestic relation. Affirms child support and property division orders in the Nikolayevs’ dissolution of marriage. The trial court did not err in ordering that the entire amount of Alexander Nikolayev’s salary and regular bonuses be treated as weekly gross income for the purposes of determining his child support obligation.

James E. Mefford v. State of Indiana

15A04-1208-CR-394
Criminal. Affirms 100-year aggregate sentence for Class A felony child molesting and Class B felony dealing in a schedule II controlled substance. Mefford failed to persuade the judges that his sentence is inappropriate.

Eagle Aircraft, Inc. v. Anthony Trojnar

64A04-1207-SC-386
Small claim. Affirms small claims judgment in favor of Trojnar and the denial in part of Eagle Aircraft’s motion to correct errors. The trial court’s ruling that Trojnar demonstrated extenuating circumstances was not clearly erroneous and Trojnar was not unjustly enriched by the court’s order.

Joseph E. Sanders v. State of Indiana (NFP)
02A03-1208-CR-372
Criminal. Affirms convictions and sentence for Class D felony domestic battery and Class D felony escape.

Donald W. Campbell v. State of Indiana (NFP)

45A04-1109-CR-473
Criminal. Affirms conviction and sentence for murder.

Jennifer Simpson v. Donald Simpson (NFP)
02A03-1204-DR-168
Domestic relation. Affirms denial of Jennifer Simpson’s motion for relief from judgment pursuant to Ind. Trial Rule 60(B).

Loren H. Fry v. Terry L. Schroder and Robert C. Schroder, Individually and as beneficiaries and personal representatives of the Estate of David H. Schroder (NFP)
09A02-1206-CT-474
Civil tort. Affirms order denying Fry’s motion to stay the civil proceedings brought against him by the Schroders, individually and as beneficiaries and personal representatives of the estate.

Term. of the Parent-Child Rel. of K.M. and J.H., Jr.: K.M., Mother of K.M. and J.H., Jr.; M.M., Father of K.M.; and J.H., Sr., Father of J.H., Jr. (NFP)
20A04-1206-JT-334
Juvenile. Affirms termination of parental rights.

Anthony Szuch v. State of Indiana (NFP)
82A04-1208-CR-403
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Larry Collins, Jr. v. State of Indiana (NFP)
71A05-1206-PC-319
Post conviction. Affirms denial of petition for post-conviction relief.

Frederick James Burton v. State of Indiana (NFP)
71A04-1208-CR-426
Criminal. Affirms revocation of probation and order that Burton serve entire previously suspended sentence, with credit for time served.

Bret Shaw v. Bryan C. Jerman (NFP)
49A02-1203-PL-164
Civil plenary. Reverses summary judgment for Jerman and remands for further proceedings on Shaw’s lawsuit after he was denied insurance coverage for losses claimed after a burglary.

F.E. v. J.E. (NFP)
55A01-1207-DR-311
Domestic relation. Affirms in part, reverses in part the decree and property disposition order in the dissolution of marriage and remands for further proceedings.

F.G. v. State of Indiana (NFP)

49A04-1208-JV-415
Juvenile. Affirms adjudication that F.G. committed what would be Class D felony intimidation if committed by an adult.

Danny Clark v. State of Indiana (NFP)
59A01-1205-CR-203
Criminal. Affirms sentence for Class B misdemeanors public intoxication and disorderly conduct and remands for the trial court to apply any credit time earned to the suspended portion of Clark’s sentence. Judge Melissa May concurs in result.

In Re the Paternity of: B.V.L., S.B. v. B.L. (NFP)
48A02-1206-JP-491
Juvenile. Affirms grant of custody of B.V.L. to father B.L.

Jeramie Rangel v. State of Indiana (NFP)

27A05-1206-CR-308
Criminal. Affirms sentence following conviction of Class C felony nonsupport of a dependent child.

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

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  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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