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Opinions Nov. 21, 2013

November 21, 2013
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Indiana Court of Appeals
B.R., a Minor, by his Guardian, Teresa Todd v. State of Indiana, Indiana Department of Child Services, Morgan County Office of Department of Child Services, and Adult and Child Mental Health Center
55A05-1212-CT-639
Civil tort. Reverses grant of Adult and Child Mental Health Center’s Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. The allegations in B.R.’s complaint, i.e. that his case manager negligently placed him with the respite therapeutic foster parents and negligently failed to inform the foster parents that B.R. was an overly active child known to run from adults and escape his home, are not directly related to any medical care B.R. received from the Health Center. Furthermore, the foster care placement was not made by a health care professional. Because B.R.’s claims sound in general negligence, his claims fall outside the Medical Malpractice Act.

Germaine Jones v. State of Indiana (NFP)
49A02-1305-CR-396
Criminal. Affirms convictions of Class B felonies robbery and criminal confinement.

Arthula Miller v. State of Indiana (NFP)
49A05-1212-PC-664
Post conviction. Affirms denial of petition for post-conviction relief.

Jennifer K. Stevenson v. David C. Stevenson (NFP)
11A01-1304-DR-160
Domestic relation. Affirms order awarding primary physical and legal custody of two minor children to father David Stevenson.

Keith Eller, Nathaniel Hall, and Jeffrey Tatum v. City of Gary, Gary Police Civil Service Commission, and Vergie Thornton (NFP)
45A04-1212-PL-662
Civil plenary. Affirms the grant of summary judgment against Hall and Tatum and reverses the grant of summary judgment against Eller on the complaint seeking damages, declaratory judgment and injunctive relief. Determines as a matter of law that the commission violated its own rules, as well as local ordinance, when it failed to process Eller’s appeal of his exam score. The commission, however, did not violate its rules when it denied Eller’s request to review his written exam. Remands this cause to the trial court for further consideration of Eller’s complaint.

Matthew Schrock v. State of Indiana (NFP)
44A03-1302-CR-65
Criminal. Reverses conviction of Class B misdemeanor reckless driving. Remands for judgment to be entered for speeding and disregarding a stop sign.

Stephanie A. Johnson v. Eric Edward Powell (NFP)
26A04-1304-DR-159
Domestic relation. Affirms custody modification awarding primary physical custody of two minor children to father Eric Edward Powell.

Andrew Lee Watts v. State of Indiana (NFP)
64A01-1208-CR-344
Criminal. Affirms conviction of Class A felony dealing in cocaine.

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

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  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.)

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