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Opinions Jan. 22, 2013

January 22, 2013
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Indiana Court of Appeals
Lula L. Jenkins, et al. v. South Bend Community School Corp.
71A03-1206-PL-260
Civil plenary.  Reverses summary judgment for South Bend Community School Corp. on Jenkins’ action seeking an independent determination of whether she was discharged for just cause from her position as a bus driver. The advisory nature of the arbitrator’s award allows the non-prevailing party, here SBCSC, to reject the award, thus triggering judicial review, either under the Uniform Arbitration Act’s provisions or for a determination whether the facts found by the arbitrator support the award. Remands for further proceedings.

Erving Sanders v. State of Indiana
49A02-1205-CR-361
Criminal. Reverses denial of Sanders’ motion to suppress evidence obtained as a result of a traffic stop for tinted windows. Based on the totality of the circumstances, the officer lacked reasonable suspicion to stop Sanders for investigatory purposes at the time he observed Sanders’ vehicle.

David Frohwerk v. Mark Levenhagen (NFP)
46A04-1204-MI-211
Miscellaneous. Affirms denial of verified petition for writ of habeas corpus asserting that Frohwerk was denied credit time.

Jacqueline R. Clements v. Clinton County, Indiana, by and through the Board of Commissioners of the County of Clinton, Ted R. Johnson, Barbara Conner, Michael W. Conner and William Clinton (NFP)
54A05-1205-PL-272
Civil plenary. Affirms denial of Clements’ motion to correct error, which challenged the dismissal of her counterclaims against the county and other defendants and her claims for malicious prosecution.

Term. of the Parent-Child Rel. of K.W., K.O.A., and K.E.A., Minor Children, and Their Father, O.W.: O.W. v. Indiana Dept. of Child Services (NFP)
02A04-1205-JT-285
Juvenile.  Affirms termination of parental rights.

Aaron Di-Shon Windom v. State of Indiana (NFP)
45A03-1206-CR-253
Criminal. Affirms convictions of two counts of Class C felony attempted battery and one count of Class C felony criminal recklessness.

Anthony Henderson v. State of Indiana (NFP)
48A04-1207-CR-367
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.

Jason T. Myers v. Linda Phillips, Tippecanoe County Assessor and Office of the Indiana Attorney General, Unclaimed Property Division (NFP)
79A05-1209-PL-493
Civil plenary.  Affirms dismissal of Myers’ lawsuit seeking reimbursement of a $250 bond that was posted by his grandmother on his behalf in 1997.

Donald L. Swain v. State of Indiana (NFP)

48A05-1206-CR-320
Criminal.  Affirms order revoking probation under three different cause numbers.

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

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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