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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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