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Opinions Feb. 5, 2014

February 5, 2014
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The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

Kendale L. Adams, et al. v City of Indianapolis
12-1874
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a consolidated appeal, affirms entry of summary judgment for the city on the officers’ disparate-treatment claims because the plaintiffs had not produced any evidence that using the test results to make promotions was a pretext for discrimination. Affirms dismissal of new claims brought as barred by res judicata because the same eligibility list generated by the testing process was at issue in the first case.

Indiana Court of Appeals
In Re the Involuntary Termination of the Parent-Child Relationship of T.S., C.S., and I.S.: S.R. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)
49A04-1307-JT-354
Juvenile. Affirms termination of parental rights.

The Board of Commissioners of the County of Jefferson v. Teton Corporation, Innovative Roofing Solutions, Inc., Gutapfel Roofing, Inc. and Daniel L. Gutapfel
72A04-1302-CT-55
Civil tort. Affirms summary judgment in favor of the Teton Corp. and other appellees. Holds that, under the terms of the American Institute of Architects Contract the Board of Commissioners of Jefferson County entered into with Teton, Jefferson County’s claims for damages against the appellees are barred. Judge Brown dissents.

Wednesday’s opinions
Indiana Court of Appeals

H.H. v. A.A.
03A01-1308-DR-354
Domestic relation. Affirms denial of mother’s request to relocate with the child to Hawaii. She has shown a good faith and legitimate reason for proposing the relocation, but the trial court did not err when determining it was not in the child’s best interests.
 
Everett Sweet v. State of Indiana
35A02-1305-PC-451
Post conviction. Grants the state’s petition for rehearing, vacates prior opinion and substitutes the prior opinion with this opinion on rehearing. The original decision mistakenly relied on Norris v. State instead of Helton v. State. Helton, like Sweet’s case, involved a petition filed pursuant to Indiana Post Conviction Rule 1(a)(1).

Timothy Ladana Hazelwood v. State of Indiana
49A04-1305-MI-239
Miscellaneous. Affirms denial of Hazelwood’s petition to rescind the lifetime suspension of his driving privileges. I.C. 9-30-10-14 and 9-30-10-15 are not unconstitutional as applied to him and driving is a privilege not a right. The suspension of his driving privileges is not punitive.

Steven Winters v. State of Indiana (NFP)
49A02-1307-CR-630
Criminal. Affirms conviction of Class B misdemeanor battery.

Christopher King v. Karen Patrick (NFP)
49A02-1305-PL-461
Civil plenary. Affirms King’s conversion conviction and the calculation of damages.

Alexander Trueblood v. State of Indiana, County of Marion, City of Indianapolis (NFP)
49A02-1210-OV-868
Ordinance violation. Affirms speeding infraction.

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

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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