ILNews

Opinions June 26, 2013

June 26, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT