ILNews

Opinions Jan. 22, 2013

January 22, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT