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Opinions Oct. 20, 2010

October 20, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
J.B. v. E.B.
34A04-1002-DR-110
Domestic relation. Reverses trial court decision to exclude son’s counseling records at a custody modification hearing. The instant case is a proceeding within the purview of Indiana Code Section 31-32-11-1 and the counselor/client privilege does not apply. Remands for further proceedings.  

Charles R. Wyatt, et al. v. Thomas E. Wheeler, et al.
49A02-1006-PL-636
Civil plenary. Affirms denial of Wyatt’s petition for review of final agency action by the Indiana Election Commission and petition for preliminary injunctive and declarative relief. Affirms denial of Ellspermann’s request for attorney’s fees. The irregularity in Ellspermann’s declaration and any misconstruction of Indiana Code Section 3-8-2-7 by the IEC or the Marion Superior Court cannot justify reversal of the trial court’s denial of a preliminary injunction because it would contradict the will of the electorate and disenfranchise voters.

Keesha Johnson v. State of Indiana (NFP)
49A04-1002-CR-98
Criminal. Reverses conviction of possession of marijuana as a Class D felony.

Howard Smallwood v. State of Indiana (NFP)
71A05-1001-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Mark A. Rode v. State of Indiana (NFP)
91A04-1005-CR-263
Criminal. Affirms conviction of Class D felony theft.

Bruce Fivecoat v. State of Indiana (NFP)
03A01-1003-CR-132
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class B felony criminal confinement.

Adoption of K.M.A.; R.R. v. Adoptive Parents (NFP)
29A02-1003-AD-499
Adoption. Affirms adoption order granted in favor of the adoptive parents.

Antrooine A. Manning v. State of Indiana (NFP)
45A03-1002-CR-65
Criminal. Affirms convictions of and sentence for Class B felony robbery, Class D felony resisting law enforcement, and adjudication as a habitual offender.

East Valparaiso LLC v. Physicians for Women, et al. (NFP)
64A05-1004-PL-222
Civil plenary. Affirms denial of East Valparaiso’s request for injunctive relief in a dispute over a lease agreement. Remands for further proceedings consistent with the opinion regarding the parties’ remaining claims and counterclaims.

Term. of Parent-Child Rel. of A.A. and D.R.; C.A. and J.H. v. IDCS (NFP)
48A02-1003-JT-317
Juvenile. Affirms termination of parental rights.

Marlet D. Turpin v. State of Indiana (NFP)
49A02-1003-CR-285
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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