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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. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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