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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. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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