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Opinions Nov. 26, 2012

November 26, 2012
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Indiana Court of Appeals
Term. of the Parent-Child Rel. of B.W. and C.W. (Minor Children); J.W. (Mother) B.W. (Father) v. Indiana Dept. of Child Services (NFP)
33A04-1206-JT-289
Juvenile. Affirms termination of parental rights.

In Re the Paternity of G.J.C. and C.E.C.; J.T. v. N.R. and R.C. (NFP)
45A05-1205-JP-250
Juvenile. Reverses grant of mother’s motion for judgment on the evidence regarding paternity and remands for further proceedings.

Kellylee Sexton v. State of Indiana (NFP)
46A05-1204-CR-204
Criminal. Affirms conviction and sentence for Class B felony dealing in a controlled substance.

Kendrick Alexander v. State of Indiana (NFP)
02A03-1205-CR-213
Criminal. Affirms revocation of probation.

N.L. v. State of Indiana (NFP)
47A01-1205-JV-245
Juvenile. Affirms order juvenile N.L. register as a sex offender.

Todd Shireman v. Todd Hensley and Jerry McKay d/b/a H&M Cattle Company (NFP)
29A04-1201-PL-40
Civil plenary. Affirms denial of Shireman’s request for attorney fees under the general recovery statute and the grant of attorney fees to Shireman as a sanction for discovery violations.

Terry Wade v. State of Indiana (NFP)
36A01-1203-CR-85
Criminal. Affirms denial of motion to suppress evidence obtained as the result of a warrantless entry into Wade’s home.

Jonathan E. Perdew v. State of Indiana (NFP)
32A01-1112-CR-587
Criminal. Affirms Perdew’s convictions and aggregate eight-year sentence executed and eight years suspended for two counts of Class C felony child molesting, bur reverses a restitution order. Remands with instructions to modify the order to reflect the amount of restitution supported by the evidence.

Jack Marshall v. Beth Marshall (NFP)
27A05-1201-DR-52
Domestic relation. Affirms modification of Jack Marshall’s child support obligation and the treatment of extracurricular and extraordinary educational expenses, as well as the award of attorney fees to Beth Marshall.

J.P. v. State of Indiana (NFP)
49A02-1205-JV-360
Juvenile. Reverses true finding of delinquency for resisting law enforcement.

Albert Van Meter and Krissy Van Meter v. United States Steel Corporation (NFP)
45A03-1204-CT-156
Civil tort. Affirms summary judgment to U.S. Steel regarding its duty to Albert Van Meter under premises liability principles. Reverses in part the grant of summary judgment because genuine issues of material fact exist as to whether U.S. Steel assumed a liability to Van Meter and regarding breach and proximate cause. Remands for further proceedings.

Oluwasanmi Animashaun v. State of Indiana (NFP)
49A02-1203-CR-248
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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