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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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