Opinions March 3, 2014

March 3, 2014
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Indiana Court of Appeals
Joseph and M. Carmen Wysocki v. Barbara A. and William T. Johnson, both individually and as Trustees of the Barbara A. Johnson Living Trust
Civil tort. Affirms denial of the Wysockis’ request for attorney fees and additional damages under the Indiana Crime Victims Relief Act. The Wysockis were not victims of the criminal offense of fraud because the Johnsons were not charged with that crime in relation to the sale of the house, much less convicted of it in a court of law. In the absence of such a conviction, the CVRA does not apply.

CBR Event Decorators, Inc., Gregory Rankin, Robert Cochrane and John Bales v. Todd M. Gates
Civil tort. Affirms in part and reverses in part. Concludes shareholders Rankin, Cochrane and Bales are not personally liable for the attorney fees on the wrongful stop payment claim as this claim was only pled against CBR. The ex parte order requiring deposit of $1 million with the trial court clerk was not reversible error.

Shearece M. Love v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony robbery.

In Re the Involuntary Termination of the Parent-Child Relationship of D.D. and J.D.: D.H. (Mother) and J.P.D. (Father) v. The Indiana Department of Child Services (NFP)

Juvenile. Affirms termination of parental rights.

Suzanne Throgmartin v. Wilson S. Stober and Christopher E. Clark (NFP)
Civil tort. Reverses order granting Stober’s and Clark’s motion for summary judgment and denial of Throgmartin’s motion to correct error pertaining to the summary judgment entered on her legal malpractice claim.

Cornell Johnson v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony maintaining a common nuisance and Class B felony dealing in cocaine.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.C., Minor Child, and his Father, M.C., M.C. v. Indiana Department of Child Services (NFP)

Juvenile. Affirms termination of parental rights.

Timothy J. Tkachik v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to two counts of Class A felony neglect of a dependent.

Dawn Jackson v. State of Indiana (NFP)
Criminal. Affirms convictions of 11 counts of Class D felony counterfeiting.

The Indiana Supreme Court and 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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  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

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