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Opinions May 20, 2014

May 20, 2014
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Indiana Court of Appeals
In the Matter of the Adoption of J.M.: J.P. and J.M. v. R.H. and R.H.
82A01-1309-AD-404
Adoption. Affirms trial court’s judgment that the natural parents’ consent was not necessary in the adoption of their child, J.M. Concludes the trial court did not err when it held a consent hearing which essentially terminated the rights of the natural parents. Also finds the trial court did consider the best interests of the child and that the trial court did not need to consider the natural parents’ fitness at the time of the consent hearing and again at the adoption hearing.  

Tamara Critser v. Chad L. Critser, Jr. (NFP)

40A01-1308-DR-369
Domestic relation. Affirms trial court order granting father Chad L. Critser Jr.’s petition for modification of custody and trial court order denying mother’s petition to relocate.

In Re: Nancy J. McMillen Testamentary Trust, Donna M. McMillen v. Thomas Kane (NFP)
71A03-1308-TR-334
Trust. Affirms trial court denial of Donna McMillen’s petition to remove Thomas Kane as a trustee of a testamentary trust.

Mark Blackburn v. State of Indiana (NFP)
49A02-1310-CR-833
Criminal. Affirms conviction of Class B felony robbery.

Robert Beeler v. State of Indiana (NFP)
49A02-1310-CR-845
Criminal. Affirms conviction of Class A felony attempted murder.

Clifton Brooks v. State of Indiana (NFP)
30A05-1306-CR-299
Criminal. Affirms conviction of Class C felony operating a motor vehicle while suspended for life.

Courtney Smith v. State of Indiana (NFP)
49A04-1310-CR-500
Criminal. Affirms conviction and 60-year sentence for murder.

In re the Paternity of J.W.: A.P. (Mother) v. A.W. (Father) (NFP)

89A01-1312-JP-549
Juvenile. Reverses trial court denial of mother’s motion for relocation. Remands to the trial court for further proceedings to determine whether relocation is in the child’s best interest, finding that mother met her burden to show a good faith and legitimate reason for relocating from Richmond to New York.

Zackery Reahard v. State of Indiana (NFP)
85A02-1311-CR-1005
Criminal. Affirms convictions and aggregate 44-year sentence for conviction of Class A felony child molesting, Class B felony child molesting, Class B felony sexual misconduct with a minor, Class C felony child molesting, and Class D felony sexual misconduct with a minor.

Pritika Patel, Kala Patel v. Bhupen Ray, Amy Ray, Indiana Hospitality Real Estate & Management, LLC (NFP)
53A01-1311-PL-494
Civil plenary. Affirms trial court rulings and declines to enter judgment in favor or Pritika Patel on her wage claim or for unjust enrichment.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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