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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. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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