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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. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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