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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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