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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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  3. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  4. I agree. My husband has almost the exact same situation. Age states and all.

  5. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

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