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Tuesday, October 25, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 6 NFP memorandum decision(s))

For publication opinions today (2):

In Randy Faulkner & Associates, Inc. and Randall W. Faulkner v. The Restoration Church, Inc., a 3-page, 2-1 opinion on rehearing, Judge Robb concludes:

We grant rehearing for the purpose of addressing the Church’s argument about this additional provision of the lease, but for the reasons stated above, reaffirm our decision in all respects.

Crone, J., concurs.
Riley, J., dissents without separate opinion.

In Mary Price, on her own behalf and on behalf of a class of those similarly situated v. Indiana Department of Child Services (DCS); Director, Indiana Department of Child Services, is a 25-page, 3-opinion ruling. This is the ACLU challenge to the DCS failure to follow the statutory case-load restrictions (background post here). The majority opinion by Judge Riley concludes on p. 19 with:
Based on the foregoing, we conclude that even though Price has no private case of action under I.C. § 31-25-2-5, Price’s Complaint states a claim for relief as an action for mandate.
Affirmed in part, reversed in part, and remanded.

Robb, J. concurs in part and concurs in result in part with separate opinion.

Kirsch, J. concurs in part and dissents in part with separate opinion

NFP civil decisions today (0):

NFP criminal decisions today (6):

D.B. v. State of Indiana (mem. dec.)

Homer T. Richards v. State of Indiana (mem. dec.)

Mark A. Dickmeyer v. State of Indiana (mem. dec.)

Terik C. Prater v. State of Indiana (mem. dec.)

Ralph Martinez v. State of Indiana (mem. dec.)

Charles D. Gilliam, Jr. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 25, 2016 11:24 AM
Posted to Ind. App.Ct. Decisions