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Opinions Nov. 13, 2012

November 13, 2012
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Indiana Supreme Court
D.C. v. J.A.C.
32S04-1206-DR-349
Domestic relation/modification of custody. Reverses Court of Appeals ruling that overturned a trial court modification of a custody order in favor of a child’s father. In a case involving a mother who was moving out of state, the Supreme Court held that the Court of Appeals erred by failing to apply a highly deferential standard of review to the trial court’s determination of a custody modification based on testimony regarding the best interests of the child.

John Haegert v. University of Evansville
82S01-1204-PL-235
Civil Plenary. Affirms trial court’s decision granting summary judgment in favor of the university after Haegert filed a complaint alleging defamation, tortuous breach of his employment contract and intentional infliction of emotional distress. The Court of Appeals reversed, finding the university failed to meet its burden of proof.  

Indiana Court of Appeals
Kevin Perry v. State of Indiana (NFP)
49A02-1204-CR-265
Criminal. Affirms conviction of robbery and unlawful possession of a firearm by a serious violent felon, both Class B felonies, and escape, a Class C felony. Concludes the detective’s opinion was properly admitted as that of a skilled witness, the evidence was sufficient to support Perry’s convictions and the state’s closing argument did not create a fundamental error.

Robin R. Gordon v. Benny B. Gordon (NFP)
92A05-1205-DR-279
Domestic relation. Affirms trial court’s order that mother and father share joint legal custody of minor child.

Joseph Ridge v. State of Indiana (NFP)
29A02-1112-CR-1168
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class A misdemeanor. The COA found the trial court did not abuse its discretion in either denying Ridge’s request to hire an expert or in allowing Dr. Scott Kriger to hear the testimony of Hamilton County Sheriff’s Deputy Kent Mustain. The COA further concluded that the trial court did not abuse its discretion in admitting Kriger’s expert testimony that Ridge was intoxicated on K2 at the time of the traffic stop.
 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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