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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. 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???

  2. 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?

  3. 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

  4. 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.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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