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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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