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Opinions March 26, 2014

March 26, 2014
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Indiana Supreme Court
In the Matter of the Involuntary Termination of the Parent-Child Relationship of I.P., T.P. v. Indiana Department of Child Services, and Child Advocates, Inc.
49S02-1402-JT-81
Juvenile. Reverses termination of parental rights. Finds the procedure used violated the father T.P.’s due process rights. The magistrate who presided over the termination hearing resigned before reporting recommended findings and conclusions to the judge. Another magistrate, without holding a new evidentiary hearing, reviewed the record and reported recommended findings and conclusions to the judge, who ordered the mother’s parental rights terminated. Holds Trial Rule 63(A) is inapplicable.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.B., Ay.B., A.B. and K.G., K.G. v. Marion County Department of Child Services, and Child Advocates, Inc.
49S02-1402-JT-77
Juvenile. Reverses termination of parental rights. Finds the procedure used violated parent K.G.’s due process rights. The magistrate who presided over the termination hearing resigned before reporting recommended findings and conclusions to the judge. Another magistrate, without holding a new evidentiary hearing, reviewed the record and reported recommended findings and conclusions to the judge, who ordered the mother’s parental rights terminated.

Indiana Court of Appeals
Adam Bigger v. State of Indiana
02A03-1308-CR-315
Criminal. Affirms conviction and 8-year sentence for Class C felony attempted robbery. Since Bigger did not raise the issue of the defense of abandonment or indicate his intent to rely on the defense at the trial court level, the issue is waived.

Brian Byrd v. State of Indiana
10A01-1309-IF-383
Infraction. Reverses judgment against Byrd for the civil infraction of speeding for driving 54 mph in a 30 mph zone. Finds there was a failure of proof as Byrd produced evidence that contradicted the prima facie speed allegation.

Donovan Ball v. State of Indiana (NFP)
48A02-1308-CR-714
Criminal. Affirms convictions of Class D felony criminal gang activity and Class A felony attempted murder.

Matthew Ramsey v. State of Indiana (NFP)
48A02-1308-CR-704
Criminal. Affirms revocation of work release placement and probation.

Jonah Long v. State of Indiana (NFP)
49A04-1308-CR-392
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor resisting law enforcement.

Caleb J. Brubaker v. State of Indiana (NFP)
08A05-1310-CR-492
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.

Robbie L. Hubbard v. State of Indiana (NFP)
03A05-1310-CR-512
Criminal. Affirms conviction of Class A misdemeanor conversion.

Bradley P. Burcham v. Nichole (Burcham) Fillmore (NFP)
49A04-1307-DR-347
Domestic relation. Affirms denial of Burcham’s appeal of the denial of his petition to increase visitation consistent with the Indiana Parenting Time Guidelines.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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