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Opinions Oct. 8, 2010

October 8, 2010
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 Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Richmond State Hospital, et al. v. Paula Brattain, et al.
49A02-0908-CV-718
Civil. Reverses finding that the merit employees, represented by Veregge and Strong, are entitled to 20 years of back pay and remands with instructions to recalculate the merit employees’ back pay based on the time period beginning 10 days before the July 29, 1993, complaint was filed and ending when the state abolished the split class system. Instructs the trial court to determine whether the state abolished the split class system on Sept. 12 or Sept. 19, 1993. Affirms in all other respects.

Earl Budd v. State of Indiana
31A01-0910-PC-504
Post conviction. Affirms denial of successive petition for post-conviction relief. The post-conviction court didn’t err by finding Indiana Code Section 35-50-6-3.3(h)(2)(B) doesn’t constitute a bill of attainder, an ex post facto law or a denial of equal protection.

R.R. F. v. L.L.F.
69A01-1001-DR-77
Domestic relation. Affirms order father pay retroactive child support to a date preceding the filing date of mother’s petition to modify. The provision in the parties’ agreed entry whereby father ceased child support payments upon E.F.’s 18th birthday was contrary to law and void. The dissolution court should have credited father for certain payments against the court’s order that he pay $2,961.75 for the period May 11 to Aug. 22, 2009. Remands to the dissolution court and instructs to first consider the reduction in the parents’ obligation toward E.F.’s college expenses realized by mother’s tax credit and then apportion the parents’ obligations accordingly.

Victor J. Bandini v. Joann M. Bandini
49A04-1001-DR-26
Domestic relation. The trial court correctly interpreted the parties’ settlement agreement as contemplating an equal division of Victor’s gross retirement pay. The trial court erred in ordering him to pay his ex-wife an amount equal to half of his gross retirement pay prior to any deductions for his Veterans Administration disability benefits waiver and Survivor Benefit Plan costs. Indiana trial courts lack authority to enforce even an agreed-upon division of property insofar as it divides amounts of gross military retirement pay that were, previous to the decree, waived to receive disability benefits or elected to be deducted from gross pay as SBP costs to benefit the former spouse. Holds that a military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or Combat-Related Special Compensation, unilaterally and voluntarily reduce the benefits awarded the former spouse in a dissolution decree. Remands for further proceedings.

Ronald J. McGary v. State of Indiana (NFP)
87A01-1003-CR-129
Criminal. Affirms sentence following guilty plea to operating a motor vehicle as a habitual traffic offender as a Class D felony.

Jason D. Miller v. State of Indiana (NFP)
08A02-1002-CR-129
Criminal. Reverses determination of Miller’s credit time classification and remands for proceedings consistent with this opinion. Affirms convictions of and sentences for Class A felony child molesting and Class C felony child molesting.

Steven A. Reynolds v. State of Indiana (NFP)
29A02-1003-CR-471
Criminal. Affirms sentences for two counts of Class A misdemeanor battery.

Fraternal Order of Police, Evansville Lodge No. 73 v. City of Evansville, IN. (NFP)
82A04-1002-PL-94
Civil plenary. Affirms conclusion the city didn’t breach the collective bargaining agreement by reducing the number of patrol sergeants allowed to work on holidays.

Jeremy M. Frantzreb v. State of Indiana (NFP)
24A05-1002-CR-109
Criminal. Reverses convictions of Class C felony forgery and Class A misdemeanor possession of marijuana and remands for a new trial.

Indiana Parole Board v. Martin De La Torre (NFP)
72A01-1005-CR-254
Criminal. Reverses denial of the Indiana Parole Board’s motion to correct error.

S.T. v. State of Indiana (NFP)
49A02-1002-JV-301
Juvenile. Affirms adjudication for committing what would be Class C felony robbery if committed by an adult.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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