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
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
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
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

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
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)

Criminal. Affirms denial of motion for relief from judgment.

Dennis Meyer v. State of Indiana (NFP)

Post conviction. Affirms denial of amended petition for post-conviction relief.

K.L.W. v. State of Indiana (NFP)
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)
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)

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)
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)

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)
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)

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)
Juvenile. Affirms termination of father’s parental rights.

James M. Durkin, Sr. v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class A felony robbery.

Tony Monks v. State of Indiana (NFP)
Criminal. Affirms denial of motion to suppress.

A.R. v. State of Indiana (NFP)
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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.