Opinions Oct. 6, 2011

October 6, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Putnam County Sheriff v. Pamela Price
Civil. Reverses trial court’s denial of the Putnam County Sheriff’s motion to dismiss Price’s negligence action for failure to state a claim. A county sheriff’s department that neither owns, maintains or controls a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway. Justices David and Dickson concur in result.

Indiana Court of Appeals
Catherine A. Littleton v. State of Indiana
Criminal. Reverses denial of Littleton’s motion to dismiss charges of Class C felony criminal confinement, Class D felony neglect of a dependent, and Class B misdemeanor battery. Remands for dismissal of the charges. Littleton’s conduct comes within the scope of her statutory qualified immunity as a teacher managing a classroom, and the trial court abused its discretion in denying her motion to dismiss.

In Re Petition in Opposition to Annexation Ordinance F-2008-15 v. The City of Evansville
Civil plenary. Affirms the denial of the remonstrators’ motion to correct error and the dismissal of their challenge to the proposed annexation of certain parcels of land by the city of Evansville. The appellate court can’t grant the remonstrators any effective relief because they failed to request a stay or file a notice of appeal before the annexation became effective, and their challenges are now moot.

Andrew Kesling v. Dorothy Kesling, Adam Kesling and Emily Kesling
Domestic relation. Reverses judgment approving an arbitrator’s award that required Andrew Kesling to make a shareholder distribution from funds of a closely held corporation as requested by siblings Emily and Adam Kesling after they intervened in the dissolution of Andrew’s marriage to Dorothy Kesling. Andrew was entitled to request a jury and could not be compelled to submit to arbitration under the auspice of the Family Law Arbitration Act. The arbitrator exceeded the scope of her authority.

Anthony J. Sims v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony rape and remands with instructions to vacate the conviction of and sentence for Class C felony incest.

Adam L. Shull v. Mari E. Shull (NFP)
Domestic relation. Affirms distribution of marital property.

In Re the Paternity of R.T.; A.G., et al. v. C.T. (NFP)
Juvenile. Affirms order granting father C.T.’s petition to relocate R.T. to Kentucky and denying mother A.G.’s motion to modify custody.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.