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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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  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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