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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. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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