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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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