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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. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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