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Opinions July 13, 2012

July 13, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.


Indiana Court of Appeals
John W. Schoettmer and Karen Schoettmer v. Jolene C. Wright and South Central Community Action Program, Inc.
49A04-1108-CT-406
Civil tort. Affirms summary judgment in favor of Wright and South Central Community Action Program Inc., finding that the plaintiffs did not timely file notice as governed by the Indiana Tort Claims Act.

Robert Hatcher v. State of Indiana (NFP)
49A02-1111-CR-1075
Criminal. Reverses and remands trial court revocation of probation, holding that the court could not conclude that Hatcher knowingly, intelligently and voluntarily waived his right to counsel.
 
Brotherhood Mutual Insurance Company as Subrogee of Plymouth Wesleyan Church v. Michiana Contracting, Inc., McGrath Refrigeration, Inc., John D. McGrath, Joseph A. Dzierla and Assoc., Inc., et al.
50A03-1111-CT-518
Civil tort. Reverses and remands summary judgment for Michiana, et al., holding that damage to a church addition’s gym floor that was destroyed when a sprinkler froze and burst is not subject to terms of a contact’s waiver of subrogation because the church, not the contractors, performed the work.
 
Michael J. Gosnell v. State of Indiana (NFP)
79A02-1110-CR-951
Criminal. Affirms trial court sentence after guilty plea on a charge of conspiracy to commit robbery while armed with a deadly weapon.

Swammi, Inc., f/k/a Swami, Inc. v. Shambaugh, Kast, Beck, Williams, LLP and John S. Bloom (NFP)
02A01-1109-PL-417
Civil plenary. Affirms jury verdict that defendants were not liable for legal malpractice.

Alpha Holder, Jr. v. State of Indiana (NFP)
45A03-1111-CR-516
Criminal. Affirms trial court sentence of nine years executed for convictions of Class C felony fraud on a financial institution and being a habitual offender.

Corey Cole v. State of Indiana
49A02-1111-CR-1019
Criminal. Affirms trial court conviction of Class B felony rape, holding the trial court did not commit reversible error when it sustained the state’s objection to Cole’s attempt to refresh the victim’s memory with the notes from a nurse, and that the trial court did not commit fundamental error when it allowed hearsay statements.
 
Donald Humphrey v. State of Indiana (NFP)
75A04-1111-CR-607
Criminal. Affirms trial court convictions of Class C felony intimidation and Class D felony intimidation.

Devonte Rogers v. State of Indiana (NFP)
49A02-1111-CR-1015
Criminal. Affirms trial court convictions of Class B felony criminal deviate conduct and two counts of Class D felony criminal confinement.
 
Nancy J. Ferguson and Nyla R. Hamilton v. Natalie A. Watkins (NFP)
28A01-1201-PL-7
Civil plenary. Affirms trial court’s denial of motion to set aside a deed in favor of Watkins.

Term. of the Parent-Child Rel. of B.M. and A.M. (Minor Children) and J.R. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1189
Juvenile/termination of parental rights. Affirms termination of parental rights.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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