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Opinions March 7, 2013

March 7, 2013
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Indiana Supreme Court
In Re: Visitation M.L.B.: K.J.R. v. M.A.B.
41S01-1209-MI-556
Miscellaneous. Rules despite the trial court’s ample “best interests” findings, the lack of findings on the other three factors, both standing alone and as compounded by the extensive visitation awarded without those necessary findings, violates Mother’s fundamental right to direct M.L.B.’s upbringing. Remands for a new entry of findings and conclusions revealing the court’s consideration of all four McCune/K.I. factors, without a new hearing.

Indiana Court of Appeals
Joseph Matheny v. State of Indiana
49A04-1207-CR-347
Criminal. Affirms conviction of Class D felony auto theft. The police officer did not violate Matheny’s constitutional rights by asking for his address, so there was no error in admitting his statement at trial. The trial court erred in refusing one of Matheny’s tendered jury instructions, but the error was harmless.

Marcus Willis v. State of Indiana

49A02-1208-CR-636
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. The state failed to prove a material element of criminal trespass within the meaning of I.C. 35-43-2-2(a)(1).

In Re The Matter of K.W. and B.W., Children in Need of Services: A.W. v. Indiana Dept. of Child Services (NFP)

32A05-1210-JC-537
Juvenile. Affirms court’s approval of K.W. and B.W. relocating with maternal grandparents to Wisconsin after they were placed with the grandparents following being adjudicated as children in need of services.

Dale Hite v. State of Indiana (NFP)
75A03-1208-CR-355
Criminal. Affirms two convictions of Class B felony resisting law enforcement and sentence.

Kenneth Hunter v. Deborah Goodrich and Paul Goodrich (NFP)
07A05-1205-GU-244
Guardianship. Affirms denial of the Hunters’ petition to remove the Goodriches as P.G.’s guardian and name them as P.G.’s successor guardians.

Q.P. v. State of Indiana (NFP)

79A02-1207-JV-609
Juvenile. Affirms order awarding wardship of Q.P. to the Indiana Department of Correction for housing in a correction facility for children.

Indiana Public Employee Retirement Fund (PERF) v. Robert O. Effner (NFP)
84A05-1208-MI-410
Miscellaneous. Reverses award of PERF benefits to Effner to a date more than four years before he applied for benefits. Remands for proceedings consistent with the opinion.

Victor Ponce v. State of Indiana (NFP)
20A04-1208-PC-396
Post conviction. Affirms denial of petition for post-conviction relief.

Imani Clark v. State of Indiana (NFP)
49A02-1208-CR-630
Criminal. Affirms revocation of probation.

In the Matter of the Termination of the Parent-Child Relationshp of: A.A., S.T., and C.P.; and A.A. v. The Indiana Department of Child Services (NFP)
49A02-1206-JT-511
Juvenile. Affirms involuntary termination of parental rights.

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

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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