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Opinions March 10, 2014

March 10, 2014
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The Indiana Supreme Court posted the following opinion March 7 after IL deadline:
In the Matter of the Termination of the Parent-Child Relationship of E.M. and El.M., E.M. v. Indiana Department of Child Services
45S03-1308-JT-557
Juvenile. Affirms in a 4-1 opinion termination of a father’s parental rights, holding that the Court of Appeals’ reversal of the trial court’s order improperly reweighed the evidence and assigned more weight to the father’s attempts toward rehabilitation. Justice Loretta Rush wrote for the majority that after more than three years, the children needed permanency more than a final effort at family preservation. Justice Robert Rucker dissented, holding that there was no evidence children had ever been abused and the state failed to prove by clear and convincing evidence that father’s parental rights should be terminated.

Monday’s opinions
Indiana Court of Appeals
Jeff L. Ewing and Renee Ewing, Household Finance Corporation III v. U.S. Bank, N.A., as Trustee for the Structured Asset Securities Corp., Series 2005-GEL4
50A03-1308-MF-327
Mortgage foreclosure. Finds summary judgment in favor of U.S. Bank was appropriate. Also affirms U.S. Bank’s motion to dismiss the Ewings’ supplemental complaint for failure to state a claim upon which relief could be granted. The Ewings argued the bank failed to act in good faith during the settlement discussions as required by the Alternative Dispute Resolution rules. The COA held the settlement talks were not a mediation, so the A.D.R. rules did not apply.  

Brian Bradley v. State of Indiana
69A04-1306-CR-268
Criminal. Affirms conviction of Class D felony dealing in marijuana. Finds that while one piece of evidence may not have established probable cause to search Bradley’s apartment, taken together and viewed collectively, the evidence is sufficient to support the trial court’s finding of probable cause. Judge Patricia Riley dissented, arguing police made no effort to verify the information and did not include all material facts in the affidavit.

Jerimaine Carter v. State of Indiana (NFP)
49A05-1307-CR-345
Criminal. Affirms Carter’s sentence to concurrent terms of 34 years for attempted murder as a Class A felony, with 32 years served at the Indiana Department of Correction and two years served on community corrections; one-and-a-half-years for resisting law enforcement as a Class D felony; and one year for carrying a handgun without a license as a Class A misdemeanor.

Darod A. Wheeler v. State of Indiana (NFP)
03A01-1310-CR-462
Criminal. Vacates judgment and remands with instructions to reinstate the Nov. 13, 2012, sentencing order and modify it with the appropriate credit time. The November order included that Wheeler be required to serve three years of his previously suspended sentence in the Indiana Department of Correction. The trial court had amended that order to four years and four months in the DOC. The trial court explained it amended the sentence in order to give Wheeler enough time to participate in a substance abuse program in the DOC.

 In the Matter of L.W. and J.W., Children in Need of Services, and J.W. (Father) and L.W. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1308-JC-700
Juvenile. Reverses the trial court’s adjudication of L.W. and J.W. as children in need of services. Finds that the Marion County Department of Child Services failed to meet its burden demonstrating that coercive intervention of the court was necessary.

Juan Williams v. State of Indiana (NFP)
49A05-1307-CR-373
Criminal. Affirms conviction for battery as a Class A misdemeanor.

Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.


 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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