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Opinions March 26, 2014

Indiana Supreme Court
In the Matter of the Involuntary Termination of the Parent-Child Relationship of I.P., T.P. v. Indiana Department of Child Services, and Child Advocates, Inc.
49S02-1402-JT-81
Juvenile. Reverses termination of parental rights. Finds the procedure used violated the father T.P.’s due process rights. The magistrate who presided over the termination hearing resigned before reporting recommended findings and conclusions to the judge. Another magistrate, without holding a new evidentiary hearing, reviewed the record and reported recommended findings and conclusions to the judge, who ordered the mother’s parental rights terminated. Holds Trial Rule 63(A) is inapplicable.

Justices reverse termination of parental rights in 2 cases

In two short, per curiam decisions, the Indiana Supreme Court found the parental rights of two Marion County parents should not have been terminated because of due process violations after the magistrate who heard their cases resigned before reporting recommended findings and conclusions.

Court: Man never raised defense to attempted robbery

The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.

IU Maurer, Rose-Hulman create IP scholars program

A new program established by Indiana University Maurer School of Law and Rose-Hulman Institute of Technology will allow select Rose-Hulman graduates to study at the IU law school at a reduced tuition rate.

Opinions March 25, 2014 ILD

Indiana Court of Appeals
Robert Morris Endris v. Jennifer Lynn Endris (NFP)
41A01-1303-DR-130
Domestic relation. Reverses visitation order that stopped visits between Robert Endris and his daughter and modified parenting time with the other children without explanation. Also reverses order that paternal grandmother, who was not a party to the dissolution, host the children during bi-annual visits. Remands to the trial court to enter an order either complying with Parenting Time Guidelines or explaining the deviation when modifying the visitation for the other children. Affirms denial of Endris’ motion to modify child support.

Vernon Robinson v. Estates At Eagle's Pointe (NFP)
52A02-1306-PL-528
Civil plenary. Reverses the trial court’s order to the extent that it awarded the Estates $57,375 but affirms the remainder of the order. Remands for entry of judgment in favor of Estate in the amount of $46,375 plus attorneys fee of $25,000 and costs.

Dennis Knight v. State of Indiana (NFP)
71A04-1309-CR-475
Criminal. Affirms conviction of one count of Class B felony robbery.

Richard Antonio Clark v. State of Indiana (NFP)
45A03-1308-CR-337
Criminal. Affirms three-year sentence for Class D felony strangulation and Class A misdemeanor domestic battery.

The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.

 

Opinions March 25, 2014

Indiana Supreme Court
Joanna S. Robinson v. State of Indiana
20S04-1307-CR-471
Criminal. Affirms trial court’s denial of Robinson’s motion to suppress. Agrees with trial court in giving deference to deputy’s testimony that he initiated the traffic stop after observing Robinson drive off the roadway twice even though the video from the deputy’s in-car camera only shows Robinson weaving onto the fog line. Rucker dissents, asserting giving credit to the deputy’s testimony over the video amounts to reweighing evidence.

Indiana among 20 states joining ‘Four Loko’ settlement

A maker of caffeinated alcoholic beverages including such brands as “Four Loko” accused of marketing its products to promote the misuse of alcohol and appeal to underage drinkers has settled a complaint brought by New York Attorney General Eric Schneiderman and joined by 19 other state attorneys general, including Indiana’s Greg Zoeller.

Vehicle forfeiture order affirmed despite state’s yearlong delay

A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.

Duncan: You can make an impact with the IBF

The Board of Directors and Committee Chairs of your Indianapolis Bar Foundation (IBF) are hard at work steadfastly planning another great year for the IBF. While the planning efforts are in full swing, we need your help to make our initiatives a success in 2014.

IndyBar: ‘The Best Style “Handbook”’ For Lawyers and Judges (Part II)

George Orwell rejected the notion that “we cannot by conscious action do anything about” the decline of language, and he believed instead that “the process is reversible.” The essay’s capstones, the subjects of this Part II, were his diagnosis of the maladies that afflicted writing, followed by his six curative rules.

Adams: Is Indy Rezone long overdue or cutting edge?

David Adams writes that unless you are a land use lawyer, you may not know that there are some very interesting things happening with Indianapolis’ city zoning ordinance and associated development regulations.