Opinions March 10, 2014

March 10, 2014
Back to TopE-mailPrintBookmark and Share

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
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
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
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)
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)
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)
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)
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.



Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...