Opinions Dec. 5, 2014

Keywords neglect / Opinions
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The following opinions were posted after IL deadline Thursday:
Indiana Supreme Court

In the Matter of the Adoption of Minor Children: J.T.D. and J.S.: Ind. Dept. of Child Services v. N.E.
Adoption. Reverses trial court decision to not transfer cases from the civil division, which includes probate, to the juvenile division, which is where adoptions must be filed based on a local rule. Lake Superior Court’s four statutory divisions are not jurisdictional, and are merely descriptive of venue, so there is no conflict between the statute and the caseload allocation plan. Remands with instructions.

7th Circuit Court of Appeals
Michele A. Herrmann v. Carolyn W. Colvin, acting commissioner of Social Security
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Magistrate Judge John E. Martin.
Civil. Reverses denial of benefits to Herrmann for the time prior to her turning age 55. The administrative law judge’s unreasoned brush off of the evidence offered by consulting physicians and his confused rejection of certain evidence should have persuaded the District Court to reverse the denial of relief and remand the matter to the Social Security Administration.  

Friday’s opinions
Indiana Court of Appeals

De'Carlos Freeman v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Dwayne Carter v. State of Indiana (NFP)
Criminal. Affirms convictions and sentence for two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct with a minor, two counts of Class D felony dissemination of matter harmful to minors and one count of Class D felony possession of child pornography.

Lawrence Dean v. State of Indiana (NFP)
Criminal.  Affirms three convictions of Class C felony child molesting.


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