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Opinions Oct. 10, 2013

October 10, 2013
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Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.T., D.T., L.T., and Y.T., Minor Children: M.T., v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate
45A03-1302-JT-49
Juvenile. Affirms termination of parental rights. The mother has not demonstrated that the trial court clearly erred when it determined that continuation of the parent-child relationship with the children poses a threat to their well-being. Nor has she shown that termination is not in the best interest of the children or that the court erred when it determined that adoption is a satisfactory plan following the terminations.

Kevin C. Stone v. Jennifer M. Stone
49A02-1210-DR-820
Domestic relation. Grants rehearing to acknowledge that father did file a reply brief in the case, but affirms original opinion in all respects, including that his supervised visitation argument is moot.

In the Matter of the Termination of the Parent-Child Relationship of C.W. (Minor Child), and J.W. (Mother), v. The Indiana Department of Child Services
26A01-1303-JT-113
Juvenile. Affirms termination of parental rights. The mother has not shown that she was denied due process in the CHINS proceedings or termination proceedings. The DCS established by clear and convincing evidence the requisite elements to support the termination of parental rights.

Nathan and Deanna Ferguson v. Shiel Sexton Company, Inc., WR Dunkin & Son, Inc., Lynch, Harrison & Brumleve, Inc., et al.
29A05-1301-CT-8
Civil tort. Affirms summary judgment in favor of Poynter Sheet Metal Inc. on the issue of duty in the Fergusons’ negligence action. They sought damages for injuries Nathan Ferguson sustained in a construction accident. The Fergusons failed to establish the trial court erred in granting summary judgment.

Dustin Jack Gifford v. State of Indiana
40A05-1304-CR-197
Criminal. Reverses Class D felony conviction of possession of chemical reagents or precursors with intent to manufacture a controlled substance. The state presented insufficient evidence to support the conviction.

John Einhorn and Roxanne Einhorn v. Scott Johnson, Gretchen Johnson, Purdue University Board of Trustees, et al.
50A03-1303-CT-93
Civil tort. Affirms in part and reverses in part summary judgment in favor of the defendants on the Einhorns’ complaint for damages alleging negligence. Because John Einhorn was not Purdue’s employee at the time of the accident, his negligence claim against Purdue is not barred by the exclusivity provision of the Worker’s Compensation Act. Purdue and 4-H Fair Association are entitled to summary judgment as a matter of law under the Equine Activity Statute. The Johnsons are entitled to summary judgment as a matter of law because they did not know or have reason to know that the horse Clu had any dangerous propensities prior to the accident.

Coady Coyote Craddick v. Indiana Department of Correction (NFP)

52A02-1211-MI-942
Miscellaneous. Affirms dismissal of complaint against the DOC alleging it violated the Ex Post Facto Clause of the Indiana Constitution by classifying Craddick as a sex offender.

Fredrick D. McClure v. State of Indiana (NFP)

18A02-1302-CR-196
Criminal. Affirms trial court determination that McClure’s previously stayed sentence was eight years rather than four years.

Jason Hays v. State of Indiana (NFP)
28A04-1303-CR-109
Criminal. Affirms conviction of Class B felony operating a vehicle with a controlled substance in blood causing death.

Joseph A. Kast v. State of Indiana (NFP)
02A04-1301-CR-35
Criminal. Affirms 65-year sentence for murder conviction.

Tabatha Murphy v. State of Indiana (NFP)
30A04-1302-CR-82
Criminal. Affirms convictions of Class C felony battery with a deadly weapon, Class C felony battery resulting in serious bodily injury and Class A misdemeanor battery.

Ryan Thomas Johnston v. State of Indiana (NFP)
29A02-1212-CR-1014
Criminal. Affirms revocation of probation.

David Roy Winters v. State of Indiana (NFP)
71A03-1302-CR-41
Criminal. Affirms conviction and sentence for Class A misdemeanor conversion.

In Re The Involuntary Termination of the Parent-Child Relationship of R.C. and M.C.: Ro.C. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1303-JT-194
Juvenile. Affirms involuntary termination of parental rights.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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