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Opinions Jan. 19, 2012

January 19, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court
Chrysler Group, LLC v. Review Board of the Indiana Dept. of Workforce Development and T.A., et al.
93S02-1109-EX-565
Agency appeal. Affirms award of benefits to Chrysler employees offered a buyout. By Chrysler’s own words — to Congress and its own employees — Enhanced Voluntary Termination of Employment Program was part of a company-wide effort intended to avert twenty-nine manufacturing plant closures, twenty-two parts depot closures, and 53,000 layoffs. The board’s conclusion on this issue of ultimate fact was reasonable.

Indiana Court of Appeals
Tommy D. Alfrey v. State of Indiana
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01191203cjb.pdf
54A01-1104-CR-169
Criminal. Affirms convictions in three separate cause numbers of Class D felony residential entry, theft, escape and residential entry, Class A misdemeanor trespass, and revocation of probation. Intoxication is not a defense and Alfrey’s situation does not fall under the two narrow exceptions outlined in I.C. 35-41-3-5.

Fernando Contreras v. State of Indiana (NFP)
45A03-1106-CR-255
Criminal. Affirms sentence following guilty pleas to Class B felony burglary and Class C felony escape.

Beth E. Myers v. Rising Sun-Ohio County Community School Corporation (NFP)
58A05-1104-CT-193
Civil tort. Affirms summary judgment for the school corporation on Myers’ complaint asserting she was wrongfully discharged in retaliation for her workers' compensation claim.

Term. of Parent-Child Rel. of K.T.; K.A. (Father) v. Indiana Dept. of Child Services, and Lake County CASA (NFP)
45A03-1105-JT-207
Juvenile. Affirms termination of parental rights.

Raymond Benjamin Gray v. State of Indiana (NFP)
82A04-1106-CR-327
Criminal. Affirms sentence for convictions of Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.

Marie Robinson v. State of Indiana (NFP)

67A01-1107-CR-306
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Stacey L. Certain v. State of Indiana (NFP)
91A02-1106-CR-546
Criminal. Reverses sentence for Class C felony operating a motor vehicle after forfeiture of license for life and remands with instructions to resentence Certain to the advisory sentence of four years.

Bart A. Dewald v. State of Indiana (NFP)
20A03-1010-CR-541
Criminal.  Affirms sentences for conspiracy to commit aggravated battery, criminal confinement, intimidation, pointing a firearm, and criminal recklessness, and remands with instructions to vacate one conviction of conspiracy to commit aggravated battery and resentence Dewald in accordance with the opinion. Judge Baker concurs in part and dissents in part.

I.M. v. State of Indiana (NFP)
49A04-1101-JV-41
Juvenile. Grants rehearing and affirms original decision reversing the juvenile court’s order of restitution. Remanded for a new restitution hearing.

Dominique Guyton v. State of Indiana (NFP)
49A02-1107-PC-724
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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