ILNews

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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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