ILNews

Opinions Nov. 5, 2010

November 5, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
S.A. v. Review Board
93A02-1004-EX-568
Civil. Affirms the Review Board of the Indiana Department of Workforce Development’s ruling that S.A.’s acceptance of an early retirement package made her ineligible to continue receiving unemployment benefits. S.A. left employment without good cause in connection with the work.

Deana Crickmore v. John R. Crickmore (NFP)
49A04-1003-DR-184
Domestic relation. Affirms finding John’s overpayments of spousal maintenance were involuntary and the order Deana repay him accordingly. Reverses amount of judgment as to the dollar amount and affirms in all other respects. Remands for further proceedings.

Robin L. Rashin v. Mark W. Rashin (NFP)
45A04-0911-CV-660
Civil. Reverses denial of rehabilitative maintenance to Robin and remands with instructions to calculate an award of rehabilitative maintenance, to exclude the settlement proceeds from the marital estate, and to recalculate the division of marital property accordingly. Remands the issue of whether Robin shall be awarded appellate attorney fees. Affirms judgment in all other respects.

Jeanette Daniels, et al. v. Hidden Bay Homeowners Association, Inc., et al. (NFP)
49A02-1003-PL-279
Civil plenary. Affirms summary judgment for all of the defendants in Daniels and Russell’s suit to recover damage to a condominium and personal property after a fire.

In the Guardianship of Z.E. and A.W.; Ala.G., et al. v. Alk.G., et al. (NFP)

45A05-1004-GU-255
Guardianship. Affirms juvenile court has subject matter jurisdiction over the grandparents’ custody action as it relates to one of the children and remands for a determination of whether the court has subject matter as it relates to the other child. Affirms order finding the mother is the custodian of the children unless another court has ruled otherwise and by appointment a guardian ad litem and directing the grandparents to pay a portion of the guardian ad litem’s fees relating to Z.E. Reverses order appointing GAL and requiring grandparents to pay GAL fees for matters relating to A.W. only if the court is found to lack jurisdiction over the custody of A.W. on remand.  

Antonio M. Sanders v. State of Indiana (NFP)

22A01-1005-CR-234
Criminal. Affirms denial of motion to withdraw guilty plea.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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