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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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