ILNews

Opinions May 24, 2013

May 24, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

ADVERTISEMENT