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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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