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Opinions Sept. 16, 2010

September 16, 2010
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Indiana Supreme Court

Foundations of East Chicago, Inc., Successor by Merger to East Chicago Community Development Foundation, Inc. and Twin City Education Foundation, Inc. v. City of East Chicago
No. 49S02-0908-CV-00383
Civil. Justices granted a rehearing petition, holding that the city didn’t follow Indiana Appellate Rule 65(E) and was premature in filing a motion at the trial court level before a previous appellate ruling was certified. Justices found the trial court correctly denied the city’s request, and it kept intact its original opinion from May.
 

Indiana Court of Appeals

Adoption of N.W., M.W. v A.W.
71A04-1002-AD-127
Adoption. Reverses grant of adoption of N.W. by stepmother A.W. The stepmother failed to prove by clear and convincing evidence that the mother’s consent to the adoption was not required. The adoption is also not in the best interest of the child.

Matthew B. Ashworth v. Kathryn Ehrgott (Ashworth)
49A05-0912-CV-727
Civil. Finds the trial court failed to deduct Ashworth’s $1,500 monthly alimony payment from his weekly gross income because it is a maintenance payment to mother, failed to credit Ashworth for the children’s health insurance premium, improperly included his daughter’s full-time preschool expenses as a work-related child care expense for Ehrgott even though she was not working, and that the record does not support the trial court’s order that Ashworth pay for his son’s private school tuition as added child support. Remands for further proceedings. Affirms on all other issues.

Brownsburg Municipal Building Corp. v. R.L. Turner Corp., et al.
32A01-1002-PL-37
Civil plenary. Affirms denial of Brownsburg’s motion for partial summary judgment in a suit filed by R.L. Turner and St. Paul Fire in Turner’s suit for damages from breach of contract and under the theory of quantum meruit. There is a genuine issue of material fact as to whether Turner and/or the architect timely complied with the provisions of the contract.

Calvin Sanders v. State of Indiana (NFP)
49A04-0912-CR-714
Criminal. Affirms conviction of Class A felony attempted murder.

T.S. v. State of Indiana (NFP)
71A04-1002-JV-91
Juvenile. Affirms commitment of the Department of Correction.

William C. Davis v. State of Indiana (NFP)
82A01-0909-PC-460
Post conviction. Affirms denial of petition for post-conviction relief.

James Griffith v. State of Indiana (NFP)
35A02-1003-PC-394
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Barrett v. Scores, Inc. and Jason English (NFP)
82A01-1003-PL-177
Civil plenary. Affirms summary judgment to Scores Inc. and English on Barrett’s claims that English breached his fiduciary duty to Barrett and that both Scores and English committed conversion of Barrett’s property.

Timothy Manges v. State of Indiana (NFP)
20A05-1003-PC-186
Post conviction. Affirms denial of petition for post-conviction relief.

A.E., et al., Alleged to be CHINS; T.E. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JC-203
Juvenile. Reverses determination that the three children are children in need of services. Remands for a new dispositional decree that includes written findings and conclusions concerning elements listed in Indiana Code Section 31-34-19-10.

Aaron Spears v. State of Indiana (NFP)
49A02-1001-CR-70
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

C.T. v. State of Indiana (NFP)
49A02-1002-JV-344
Juvenile. Affirms finding C.T. committed what would be Class B misdemeanor public nudity if committed by an adult.

Arron L. Declue v. State of Indiana (NFP)
44A03-1001-CR-79
Criminal. Affirms 20-year sentence with five years suspended for aggravated battery and criminal confinement, both as Class B felonies.

Richard Wion d/b/a Lothlorien Farms v. Town of North Manchester (NFP)
85A05-1004-PL-307
Civil plenary. Affirms summary judgment for the town in its complaint to enforce an order for the owner of a building to vacate and demolish the building, which was deemed unsafe.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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