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Opinions Jan. 9, 2017

January 9, 2017
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Indiana Court of Appeals
William Groth v. Mike Pence, as Governor of the State of Indiana

49A04-1605-PL-1116
Civil plenary.  Affirms the Marion Superior Court decision finding former Gov. Mike Pence’s response to William Groth’s Access to Public Records Act request for records related to his decision to join a Texas lawsuit against the President of the United States was proper under the Access to Public Records Act. Finds that Citizens Action Coalition of Indiana v. Koch, 51 N.E.3d 236 (Ind. 2016), does not apply to the request for public records directed to the governor. Also finds that the trial court did not violate Groth’s due process rights. Finally, affirms on the merits the governor’s decision to withhold the white paper from public disclosure and to partially redacted the invoices because the white paper contains legal theories in contemplation of litigation and that the governor’s redactions were within his discretion under APRA. Rejects Pence’s claim that executive privilege renders his response to APRA requests immune from judicial review. Chief Judge Nancy Vaidik concurs in part and dissents in part in separate opinion.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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