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Opinions March 19, 2012

March 19, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Jimmie E. Jones, Jr. v. State of Indiana
29S02-1108-CR-511
Criminal. Adopts Court of Appeals opinion in full, which affirmed the refusal by the trial court to give Jones’ tendered instructions on reckless homicide and involuntary manslaughter as lesser-included offenses to the murder charge. The evidence didn’t support a reckless homicide instruction and the charging information for the murder count foreclosed an involuntary manslaughter instruction.

Indiana Court of Appeals
In Re the Paternity of C.S.: M.R. (Mother) v. R.S. (Father)
53A01-1108-JP-381
Juvenile. Affirms order granting a petition for modification of custody filed by father. The trial court did not abuse its discretion in finding that C.S.’s physical and mental/academic maturation constituted a substantial change warranting modification of custody. The trial court did not misinterpret Indiana Code 31-17-2-8 in the process of drawing conclusions from its findings, nor did it err in relying on the updated custody evaluation.

Robert Hardin v. Carlotta Hardin
18A05-1105-DR-301
Domestic relation. Reverses and remands as to the trial court’s division of Robert Hardin’s pension, including the cost to Carlotta Hardin of the survivor’s benefit. Affirms as to all other issues. The trial court used an incorrect coverture fraction and erred in dividing the pension.

Charles L. Eckard v. State of Indiana (NFP)
57A03-1108-CR-382
Criminal. Affirms sentence for Class C felony battery.

Juan Emerson v. State of Indiana (NFP)
49A05-1102-PC-95
Post conviction. Affirms denial of petition for post-conviction relief.

Kelly Scott Thomas v. State of Indiana (NFP)
20A05-1111-PC-651
Post conviction. Affirms denial of motion to withdraw petition for post-conviction relief and denial of that petition.

T.N.S. v. State of Indiana (NFP)
46A03-1105-JV-263
Juvenile. Affirms adjudication as a delinquent for committing what would be sexual battery if committed by an adult.

Mark Wiley v. Midwest Poultry Services, LP (NFP)
93A02-1107-EX-593
Agency appeal. The full board of the Worker’s Compensation Board of Indiana erred in denying Wiley’s claim for the reimbursement of costs associated with his wheelchair because the undisputed evidence reveals his impairment is reduced by having a working motorized wheelchair and the parties’ agreement did not waive this claim. Further, based on a plain reading of the agreement, the board did not err in awarding Wiley reimbursement for the cost of repairing the chair lift added to his pick-up truck. Remands to the full board to enter an amended order consistent with this opinion.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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