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Opinions June 26, 2013

June 26, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Michael D. Perkinson, Jr. v. Kay Char Perkinson
36S05-1206-DR-371
Domestic relation. Reverses trial court decision which prohibited the father from exercising any parenting time with his child and provided no means by which he could earn parenting time. Declares an agreement to forego parenting time in exchange for relief from child support void against public policy. The trial court’s prohibition against parenting time is not supported by the record.

Wednesday’s opinions
7th Circuit Court of Appeals

Michael Alexander v. United States of America
12-2190
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses Alexander’s malicious prosecution and intentional infliction of emotional distress lawsuit against the United States under the Federal Tort Claims Act. The complaint for malicious prosecution sets forth enough plausible detail to provide adequate notice to the defendants and survive a 12(b)(6) motion to dismiss. Concludes the IIED claim is timely and adequately states a claim.

Indiana Court of Appeals
Hamilton Heights School Corp. v. Review Board of the Indiana Dept. of Workforce Development and Sherri K. Stepp, and The Indiana Dept. of Workforce Development
93A02-1210-EX-795
Agency action. Reverses decision by the Review Board of the Indiana Department of Workforce Development finding Hamilton Heights School Corp. liable for unemployment benefits relating to the dismissal of Sherri Stepp. The notice of the in-person hearing given to the school corporation was inadequate in light of the procedural history of this matter together with the confusing and seemingly inconsistent information contained in the documentation issued by the Department of Workforce Development. Remands with instructions. Judge Riley dissents.

Sterlen Shane Keller v. State of Indiana
59A01-1206-CR-271
Criminal. Grants state’s petition for rehearing and affirms original opinion in all respects. Regardless of what Sterlen Keller did with Robert Collier’s checks after he took them – whether he put them in his garage or cashed them – he committed the offenses when he took the checks from Collier’s mailbox and from that point on he committed a single continuing act of theft.

Rachel Van Alstine v. Review Board of the Indiana Dept. of Workforce Development and Dept. of Child Services (NFP)
93A02-1301-EX-27
Agency action. Affirms denial of claim for unemployment benefits.

Term. of the Parent-Child Rel. of: K.W., Minor Child, and D.F., Father v. The Indiana Dept. of Child Services (NFP)
82A04-1210-JT-523
Juvenile. Affirms termination of parental rights to K.W.

Patrick Lewis v. State of Indiana (NFP)
67A05-1210-CR-527
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Clarenda Love v. Bruce Love (NFP)
32A05-1207-DR-373
Domestic relation. Reverses property distribution order following the dissolution of the Loves’ marriage. Remands with instructions for the trial court to determine the distribution in accordance with the presumption of an equal division of marital property.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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