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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. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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