ILNews

Opinions Feb. 7, 2014

February 7, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.

Gary W. Helman v. Bruce Duhaime, et al.
12-3428
Civil. Affirms summary judgment in favor of defendants in a civil rights suit alleging police used excessive force when they shot Gary Helman, ending an armed standoff that began when authorities attempted to serve a warrant for his arrest at his home in Cromwell. Helman’s § 1983 complaint cannot survive summary judgment because he pleaded guilty to a class D felony count of resisting law enforcement in which evidence showed authorities only fired after Helman reached for his firearm.

Today’s opinions
Indiana Court of Appeals

In the Matter of the Adoption of A.A. and L.A., J.B. and S.B. v. R.C. and N.C. (NFP)
48A04-1304-AD-176
Adoption. Affirms trial court order granting maternal grandparents visitation with adopted children.

Cynthia M. Alvey v. State of Indiana (NFP)
07A01-1307-CR-328
Criminal. Affirms conviction of Class C misdemeanor driving while intoxicated.

Steven Percifield v. State of Indiana (NFP)
73A01-1307-CR-329
Criminal. Affirms order to serve 18-month suspended sentence for probation violation after a conviction of Class D felony operating a vehicle while intoxicated.

In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (NFP)
91A02-1306-GU-538
Guardianship. Affirms establishment of guardianship.

John Joseph Ramsey II v. State of Indiana (NFP)
32A04-1306-CR-275
Criminal. Affirms revocation of probation.

In Re: Adoption of L.A.C. and S.T.A., S.C. and L.A. v. N.C. and K.R. (NFP) 
48A02-1305-AD-462
Adoption. Affirms adoption of minor children without parental consent.

Patsy Moore d/b/a/ Cat Dog Trucking v. Roger Jerrell (NFP)
93A02-1308-EX-693
Agency action. Affirms order awarding worker’s compensation benefits.

 

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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