ILNews

Opinions Oct. 26, 2012

October 26, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Friday.

U.S. 7th Circuit Court of Appeals released no Indiana opinions by IL deadline Friday.

Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1201-JT-28
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Dennis Adkins v. Judy Saunders, Individually and d/b/a Prevention and More Herbs (NFP)
68A04-1203-CT-103
Civil tort. Affirms trial court’s grant of summary judgment and award of attorney fees in favor of Saunders and the business on Adkins’ negligence claim.

Matt D. Niblick v. State of Indiana (NFP)
90A04-1203-CR-132
Criminal. Affirms sentence for one count of Class B felony dealing in methamphetamine.

Melissa Krodel v. Douglas Krodel (NFP)
55A01-1201-DR-34
Domestic relation. Affirms award of physical and legal custody of minor children to father.

V.R. v. State of Indiana (NFP)
49A04-1204-JS-187
Juvenile. Affirms evidence was sufficient to support V.R.’s delinquency adjudication for truancy.

Zane Ziebell v. South Milford Grain Company (NFP)
57A03-1203-CC-89
Civil collection. Affirms denial of Ziebell’s motion for relief from summary judgment in favor of South Milford Grain Co. on its complaint against Ziebell for $15,000 in damages.

Gilbert Brown v. State of Indiana (NFP)
49A02-1204-CR-254
Criminal. Affirms conviction of two counts of Class A misdemeanor battery.

Charles Chulchian v. Rivoli Center for the Performing Arts, Inc., and Indianapolis Eastside Revitalization Corp. (NFP)
49A02-1205-PL-435
Civil Plenary. Dismisses interlocutory appeal of the denial of Chulchian’s verified motion to reconsider or motion to correct errors.

Nyunt Shew v. State of Indiana (NFP)
02A03-1203-CR-134
Criminal. Affirms sentence for Class B felony aggravated battery.
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

ADVERTISEMENT