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Thursday, November 10, 2011

Ind. Decisions - Court of Appeals issues 3 today (and 22 NFP)

For publication opinions today (3):

In Jai Cook v. Atlanta, Indiana Town Council, an 11-page opinion, Judge Brown concludes:

This lawsuit involves the termination of Cook's employment as Atlanta's town marshal, not his demotion or reduction in rank. Based upon the record and the express language of the statutory provisions above, we conclude that the Atlanta town council was not free to terminate Cook's employment as its town marshal without conducting the removal and appeals procedure prescribed by Ind. Code § 36-8 and adhering to the requirements of subsections (b) through (l) of Ind. Code § 36-8-3-4. Accordingly, the trial court erred in denying Cook's petition, and we reverse and remand for further proceedings consistent with this opinion.
In In the Matter of Commitment of M.E. v. V.A. Medical Center , an 8-page opinion with a separate concurring opinion, Judge Mathias writes:
M.E. appeals from the order of regular commitment entered by the Marion Superior Court and argues that the trial court committed fundamental error by failing to issue an order scheduling a hearing within three days of its receipt of the petition for involuntary commitment and by failing to make a timely determination that M.E.‟s prehearing detention was supported by probable cause. Concluding that M.E. has not established that the trial court committed fundamental error, we affirm.
In Anthony H. Dye v. State of Indiana

NFP civil opinions today (10):

In State of Indiana and the Metropolitan Drug Task Force v. Joseph Ferguson (NFP), a 6-page opinion, Judge Najam writes:

The State of Indiana and the Metropolitan Drug Task Force (collectively “the State”) appeal the trial court’s order granting Joseph Ferguson’s oral motion to sanction the State for the untimely filing of its witness and exhibit list by excluding the State’s witnesses and exhibits. The State presents a single issue for review, namely, whether the trial court abused its discretion when it excluded the State’s witnesses and exhibits. We affirm.
David J. Johnson v. Kira Johnson Bower (NFP)

In Re the Marriage of: Leigh Sewell v. Lois Sewell (NFP)

Term. of Parent-Child Rel. of C.T. and J.D.; D.T. v. Indiana Dept. of Child Services (NFP)

In the Matter of the Term. of the Parent-Child Rel. of V.H.; V.H. v. The Indiana Dept. of Child Svcs. (NFP)

Vassil Marinov and Venetka Marinov v. Wake Robin Estates II Homeowner's Association, Inc. (NFP)

In the Matter of the Term. of the Parent-Child Rel. of S.S. and D.S.; Do.S. v. Indiana Dept. of Child Svcs. (NFP)

Joseph A. Geesy v. April L. Geesy (NFP)

Dwight A. Sanaker v. Delaware Advancement Corp. d/b/a Horizon Convention Center (NFP)

Craig S. Alvey v. Forest River Inc. (NFP)

NFP criminal opinions today (12):

Tommy Britt v. State of Indiana (NFP)

Wayne Neal Cavanaugh v. State of Indiana (NFP)

David Dunlap v. State of Indiana (NFP)

Miriam M. Rutherford v. State of Indiana (NFP)

Willie Myles, Jr. v. State of Indiana (NFP)

Johnny Ray Foster v. State of Indiana (NFP)

Dale D. Wing, Jr. v. State of Indiana (NFP)

N.B. v. State of Indiana (NFP)

Joseph Fairrow v. State of Indiana (NFP)

Derek J. Jones v. State of Indiana (NFP)

William C. Davis v. State of Indiana (NFP)

Michael Henderson v. State of Indiana (NFP)

Posted by Marcia Oddi on November 10, 2011 01:41 PM
Posted to Ind. App.Ct. Decisions