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Opinions June 26, 2012

June 26, 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

Gwen E. Morgal-Henrich v. David Brian Henrich
46A05-1111-DR-645
Domestic relation. Affirms the trial court did not abuse its discretion by applying the equal division presumption in dividing the marital assets. Reverses trial court’s use of $390 per week as David Henrich’s weekly gross income for purposes of calculating child support. Remands for a recalculation and recommends the trial court uses an income averaging calculation due to his fluctuating income.

Cortney L. Schwartz v. Jodi S. Heeter
02A03-1109-DR-401
Domestic relation. Finds the entry of summary judgment against Schwartz on Heeter’s claim regarding the 2010 “true up” payment was an error. Construes the “true up” provision’s language in their child support agreement to require continued application of the 2009 guideline formula until Heeter properly moves for modification of child support. Affirms father’s payment for 2009 but reverses regarding his 2010 payment and remands for entry of an order consistent with this decision. Finds Heeter upon remand may not seek rulings from the trial court on her prior motions for modification of the support obligation. Judge Mathias concurs in part and dissents in part.

City of Indianapolis v. Rachel Buschman
49A02-1108-CT-782
Civil tort. Reverses summary judgment for Buschman on the issue of the sufficiency of her tort claim notice. Holds that when a claimant’s notice contains a specific and definitive assessment of loss, his or her recovery is limited to the loss described in the original notice. If additional losses were discovered, the original notice should have been amended in a timely manner.

In Re The Matter of a Search Warrant Regarding the Following Real Estate, Sensient Flavors, LLC v. Indiana Occupational Safety and Health Administration
49A02-1109-MC-844
Miscellaneous criminal. Dismisses Sensient’s appeal of the issuance of an amended search warrant to search its Indianapolis facility. Sensient failed to exhaust its administrative remedies.

Dennis and Jeremy Cochran v. Zeroffos Hoffman and John Dye

15A01-1109-SC-00015
Small claim. Reverses judgment in favor of Hoffman and Dye in a dispute over parking on an easement. The easement does not prohibit parking as the small claims court ruled. Affirms decision not to award Jeremy Cochran damages after his car was towed.

Koko Win v. State of Indiana (NFP)
02A03-1111-CR-523
Criminal. Affirms four-year sentence with two years suspended to probation for Class C felony child molesting.

Robert Williams v. State of Indiana (NFP)
49A05-1110-CR-553
Criminal. Affirms conviction and sentence for murder.

Larry R. Cox v. State of Indiana (NFP)
79A04-1111-CR-584
Criminal. Affirms 50-year sentence for 10 counts of Class A felony child molesting and five counts of Class C felony child molesting.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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