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Opinions Jan. 18, 2012

January 18, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
A.T. v. State of Indiana
49S02-1201-JV-26
Juvenile. Reverses trial court’s dispositional order and remands with instructions to vacate that portion of its order committing A.T. to the Department of Correction until his 18th birthday. Because A.T. does not meet the criteria of Indiana Code 31-37-19-9(b), a determinate commitment under that section may not be imposed.

Rickey D. Whitaker v. Travis M. Becker
02S03-1201-CT-27
Civil tort. Affirms dismissal of Whitaker’s personal injury case against Becker following an auto accident. The magistrate judge and trial court judge acted within the range of their discretion in making it clear to counsel that the behavior by Whitaker’s attorney is unacceptable. Justices Sullivan and Rucker dissent.

Indiana Court of Appeals
Holiday Hospitality Franchising, Inc. v. AMCO Company, et al.
33A01-1103-CT-104
Civil tort. Grants rehearing to clarify the disposition of opinion. While all parties may be parties to the appeal, the reversal of summary judgment only applies to Holiday Hospitality. The other petitioners forfeited the right to appeal the trial court’s grant of summary judgment against them because only Holiday Hospitality appealed the trial court decision.

Corey Fletcher v. State of Indiana
79A02-1009-CR-1096
Criminal. Reverses denial of Fletcher’s motion for discharge under Indiana Criminal Rule 4(B). The trial court improperly denied his motion. Judge Friedlander dissents.

In the Matter of the Term. of the Parent-Child Rel. of Ay.L. and Al.L.; and R.L. and K.L. v. The Indiana Dept. of Child Services (NFP)
79A02-1104-JT-448
Juvenile. Affirms termination of parental rights.

Adam Hanna v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1107-EX-667
Agency appeal. Affirms decision by the review board denying Hanna’s unemployment benefits.

Ramezan Hajizadeh v. Jo Hajizadeh a/k/a Jo Owens (NFP)
88A01-1012-DR-678
Domestic relation. Affirms dissolution court’s amended order dividing the marital property and denying Ramezan Hajizadeh’s requests for maintenance, enforcement of a U.S. Citizenship and Immigration Services Form I-864 affidavit of support, and attorney fees.

Steven D. Stocker and Nancy J. Stocker v. Connie L. Schnapf, as Trustee of Trust B Established Under the Thomas M. Crane Primary Trust Agreement Dated November 12, 1992 (NFP)
82A01-1106-MF-244
Mortgage foreclosure. Affirms judgment in favor of Schnapf and against the Stockers as to their liability under a promissory note and mortgage.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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