ILNews

Opinions March 24, 2014

March 24, 2014
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Indiana Supreme Court
The following opinion was issued Friday after IL deadline.

State of Indiana v. I.T.
20S03-1309-JV-583
Juvenile. Affirms juvenile court’s dismissal of a delinquency petition against I.T. that had been filed on the sole basis of a polygraph examination taken while he was receiving treatment as a condition of probation for a delinquency adjudication for what would be Class B felony child molesting if committed by an adult. Finds that the limited immunity in the Juvenile Mental Health Statute, I.C. § 31-32-2-2.5, provides a safe harbor that prevents the state from using statements during court-ordered therapy as the sole basis for juvenile delinquency petitions.  Concludes the state may appeal a juvenile court order that suppresses evidence, if doing so terminates the proceeding.

Indiana Court of Appeals
Purdue University v. Michael A. Wartell
79A02-1304-PL-342
Civil plenary. Affirms trial court order ruling that Purdue University should be equitably estopped from invoking attorney-client privilege and the work-product doctrine to prevent a chancellor from obtaining a copy of a report by an independent investigator looking into his claims of harassment and discrimination against former university president France Cordova. Concludes that the attorney hired to investigate the allegations was not Purdue’s legal counsel but rather an independent investigator; therefore the trial court rulings were not an abuse of discretion.

David Sesay v. State of Indiana
49A02-1305-CR-434
Criminal. Reverses conviction of Class B misdemeanor public intoxication, holding that the state failed to prove Sesay engaged in any conduct beyond intoxication that endangered his life.

Albert J. Purcell v. Theresa M. Purcell (NFP)
10A01-1309-DR-390
Domestic. Affirms trial court issuance of a qualified domestic relations order distributing funds from a profit-sharing account owned by the parties before a divorce.

Beatriz Morales v. Housing Authority of South Bend and Attorney General of Indiana (NFP)
71A03-1308-SC-311
Small claims. Affirms trial court order of eviction in favor of the Housing Authority of South Bend.

Becky O'Neal v. Donald O'Neal (NFP)
55A04-1310-DR-484
Domestic. Affirms trial court’s denial of petition to modify parenting time.

The Indiana Supreme Court and Tax Court issued no opinions Monday before IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline.


 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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