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Opinions Jan. 30, 2013

January 30, 2013
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Indiana Court of Appeals
Peter F. Amaya v. D. Craig Brater, M.D., in his capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al.
49A04-1204-PL-208
Civil plenary. Affirms summary judgment in favor of the medical school on Amaya’s claims including breach of contract and breach of good faith and fair dealing after he was dismissed from the school. Amaya didn’t designate evidence that the school’s decision was in bad faith, arbitrary or capricious.

Matthew Banks Ashworth v. Kathryn (Ashworth) Ehrgott

49A02-1205-DR-412
Domestic relation. Reverses in part and remands with instructions to apply the income allocation factor of 0.1549 to father’s 2012 and future bonuses and correct a scrivener’s error in the April 24, 2010, income withholding order and calculate credit owed to father and its repayment method. Affirms in all other respects, including calculation of father’s 2012 and subsequent weekly child support obligations.

Christopher Smith v. State of Indiana

18A02-1204-CR-331
Criminal. Reverses conviction of failure to immediately report child abuse or neglect as a Class B misdemeanor. The state needed to present evidence which proved the charged offense beyond a reasonable doubt, and not merely present facts which tend to arouse suspicion of guilt, in order to support a conviction and show that Smith had reason to believe, as defined by the Legislature, that G.G. was a victim of child abuse and that Smith then knowingly failed to immediately report such abuse. Judge Vaidik dissents.

Jill R. Kincer v. State of Indiana (NFP)

36A01-1207-CR-324
Criminal. Affirms revocation of probation.

David Arndell v. State of Indiana (NFP)

82A04-1206-CR-333
Criminal. Affirms conviction of Class D felony theft and 20-month sentence.

John D. Rogers v. State of Indiana (NFP)
88A01-1208-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.

Kerry L. Williams v. State of Indiana (NFP)
20A03-1111-PC-519
Post conviction. Affirms denial of petition for post-conviction relief.

Demetrius Walker v. State of Indiana (NFP)
49A04-1205-CR-380
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

James A. Crouch v. State of Indiana (NFP)
53A05-1208-CR-417
Criminal. Affirms sentence following finding that Crouch violated several conditions of a drug treatment program.

Monique Rowe v. State of Indiana (NFP)
49A05-1204-JM-165
Juvenile. Affirms conviction of Class B misdemeanor failure to ensure school attendance.

Fernando Seba v. State of Indiana (NFP)

49A02-1207-CR-556
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.

Noah Shane Warren v. State of Indiana (NFP)
63A01-1204-CR-165
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony neglect of a dependent as well as a habitual offender enhancement, but reverses conviction of Class D felony maintaining a common nuisance.

Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claim. Grants petition for rehearing to address a point Ramos raises regarding waiver for damages in excess of the small claims jurisdictional limit and affirms original decision in all respects.

Hobert Pittman v. State of Indiana (NFP)
31A01-1204-PC-158
Post conviction. Affirms denial of petition for post-conviction relief.

Kindred Nursing Centers, LTD Partnership d/b/a Wedgewood Healthcare v. Linda Davis (NFP)
93A02-1207-EX-553
Agency action. Affirms Worker’s Compensation Board’s determination that Davis’ injury arose out of her employment.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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