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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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