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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. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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