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Opinions May 24, 2013

May 24, 2013
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Indiana Court of Appeals
Rebirth Christian Academy Daycare, Inc. v. Indiana Family & Social Services Administration
49A04-1209-MI-467
Miscellaneous. Affirms denial of the daycare’s motion to dissolve and/or modify the order in the First Amended Agreement Judgment between the daycare and FSSA. The trial court properly determined that Rebirth cannot employ LaSonda Carter pursuant to I.C. 12-17.2-6-14 despite an earlier trial court order restricting access to her criminal record.

In the Matter of the Term. of the Parent-Child Rel. of J.C., Et.C. & El.C.; S.C. v. Indiana Department of Child Services
29A02-1210-JT-833
Juvenile. Affirms involuntary termination of parental rights. DCS presented sufficient evidence that the conditions resulting in the children’s removal were not likely to be remedied, and the findings support the court’s conclusion that termination was in the best interests of the children. There was a suitable plan in place for the care and treatment of the children.

Paul Hassfurther v. State of Indiana
26A01-1208-CR-350
Criminal. Affirms denial of Hassfurther’s petition for judicial review. The evidence established probable cause that Hassfurther had been driving while intoxicated and that he knowingly refused to take a chemical test for intoxication.

Angela Duckworth v. Christopher R. Duckworth

29A02-1208-DR-669
Domestic relation. Affirms order modifying custody and child support in favor of father Christopher Duckworth. Mother did not submit a child support worksheet or other evidence of her income, so the trial court did not abuse its discretion when it determined her obligation based on the income the father assigned to her on his child support worksheet.

In Re The Paternity of J.T. and I.T., Minor Children; and In Re The Support of C.R.T., Minor Child; R.A.P., Mother v. C.D.T., Father
46A05-1210-JP-544
Juvenile. Affirms order granting sole legal and physical custody of the children to father. The evidence establishes a substantial change in the interrelationship of the parties, which allows for a modification of custody. Mother routinely denied father parenting time to which he was entitled.

Leo Dent, Jr. v. State of Indiana (NFP)

45A03-1208-CR-362
Criminal. Affirms denial of motion for relief from judgment.

Dennis Meyer v. State of Indiana (NFP)

49A02-1206-PC-547
Post conviction. Affirms denial of amended petition for post-conviction relief.

K.L.W. v. State of Indiana (NFP)
71A05-1211-JV-609
Juvenile. Affirms placement in a youth facility for committing what would be Class D felony theft if committed by an adult.

Brant Construction, LLC; and Dune Harbor, LLC v. Circle R. Electric, Inc.; DeBoer Egolf Corp.; Auditor, Porter County, Indiana; First National Bank of Illinois; and Wachovia Financial Srvcs., Inc. (NFP)
64A03-1204-CC-159
Civil collection. Reverses summary judgment in favor of Circle R as against Brant, but affirms in favor of Circle R as against Dune Harbor. Remands for calculation of attorney fees.

Leona Peavler v. State of Indiana (NFP)

48A02-1209-CR-775
Criminal. Affirms order Peavler be incarcerated for violating the terms of her home detention by using methamphetamine.  

Henry (Hank) Eilts, Hank's Construction, and The G. Jackie Eilts Credit Shelter Trust v. Jeremy Wayman (NFP)
85A02-1208-PL-627
Civil plenary. Affirms trial court ruling that found Eilts agreed to grant Wayman an easement on a farm as part of a project to fix a drainage issue.

Jeremy Roberts v. State of Indiana (NFP)

49A05-1211-CR-563
Criminal. Affirms revocation of community corrections placement.

In Re: The Petition for the Adoption of: R.J. and S.J. (Minor Children), R.J. and L.L. v. A.G. and B.G. (NFP)
02A03-1209-AD-403
Adoption. Affirms order denying mother’s motion to withdraw her consent to the adoption and declaring father’s motion to contest the adoption as untimely and his consent irrevocably implied.

Randall Dorsett v. State of Indiana (NFP)

49A02-1208-CR-623
Criminal. Affirms convictions of Class B felony arson, murder and Class B felony robbery.

Term. of the Parent-Child Rel. of: J.N. (Minor Child), and JE.N. (Father) v. The Indiana Dept. of Child Services (NFP)
08A02-1212-JT-1010
Juvenile. Affirms termination of father’s parental rights.

James M. Durkin, Sr. v. State of Indiana (NFP)
45A03-1207-CR-314
Criminal. Affirms conviction and sentence for Class A felony robbery.

Tony Monks v. State of Indiana (NFP)
87A01-1209-CR-405
Criminal. Affirms denial of motion to suppress.

A.R. v. State of Indiana (NFP)
49A02-1210-JV-810
Juvenile. Affirms adjudication as a delinquent for committing two acts that would be Class A misdemeanor battery if committed by an adult.

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

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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