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Opinions June 5, 2013

June 5, 2013
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Indiana Supreme Court
Term. of the Parent-Child Rel. of: K.T.K., K.C., and K.R.K. (Minor Children), and R.C. (Mother) v. Indiana Dept. of Child Services, Dearborn County Office
15S01-1306-JT-402
Juvenile. Sets aside the Court of Appeals order dismissing the mother’s appeal and affirms termination of parental rights. The record supports the trial court’s findings that the conditions resulting in the children’s continued placement outside of the home would not be remedied and termination of parental rights was in the best interest of the children. Denies father’s petition to transfer in separate order.

Indiana Court of Appeals
Jesus S. Gil v. State of Indiana
24A04-1211-CR-603
Criminal. The trial court erred by failing to enter written probation terms after Gil pleaded guilty to one count of Class B felony burglary. Affirms the trial court did not abuse its discretion by imposing restitution and a fine because Gil’s open plea agreement left sentencing to the judge’s discretion, but erred in imposing $20,000 in restitution when the record didn’t establish the value of the jewelry taken or damages sustained. Remands with instructions to enter written probation terms and for a new restitution hearing. Affirms 12-year aggregate sentence.

Bennie Gavin v. State of Indiana (NFP)

49A05-1211-CR-565
Criminal. Reverses and remands with instructions to vacate Gavin’s conviction of operating a vehicle with an alcohol concentration equivalent of 0.15 or more. Affirms operating while intoxicated conviction and habitual substance offender enhancement.

Richard Brock and Gail Brock v. Pamela Gilbert (NFP)
15A05-1208-PL-401
Civil plenary. Affirms ruling in favor of Gilbert that the Brocks had gifted their dog to her.

Joshua Schulkers v. State of Indiana (NFP)
15A05-1210-CR-497
Criminal. Reverses and remands with instructions to vacate Schulkers’ conviction and sentence for Class D felony battery resulting in bodily injury on a child less than 14 and affirms other battery and neglect convictions.

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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