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Opinions Oct. 31, 2012

October 31, 2012
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Wendt, LLP v. Indiana Department of State Revenue
02T10-0701-TA-2
Tax. Affirms the department’s determination that the items predominately used by Wendt for estimate preparations, machinery reassembly and lawn care are not entitled to the public transportation exemption. Reverses all of the department’s remaining determinations because those items are necessary and integral to Wendt’s public transportation process. Remands and orders the department to make the necessary determinations in accordance with the opinion.

Wednesday’s opinions
Indiana Court of Appeals
Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief. Fowler received a benefit at the time he entered into his plea bargain, so he may not now challenge the sentence as illegal.

Larry Michael Caraway v. State of Indiana
47A04-1205-CR-265
Criminal. Affirms sentence for murder following open guilty plea. His sentence is not inappropriate in light of the nature of the offense and his character.

Kevin M. Clark v. State of Indiana
20A05-1202-CR-62
Criminal. Affirms admission of evidence found in his bag and trunk of his car, and the admission of police testimony regarding the conversion of pseudoephedrine to methamphetamine. The police officers had reasonable suspicion to stop the men and because Clark admitted his bag contained marijuana, the trial court did not abuse its discretion in admitting items found in his bag. The police trooper’s testimony regarding conversion was rationally based on her perceptions and was helpful to the determination of facts at issue in the case.

Gaude L. Hughes v. State of Indiana (NFP)
49A05-1203-CR-132
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Billy Fox, Jr. v. Rogers Building Ventures, et al. (NFP)
53A05-1203-CP-160
Civil plenary. Affirms denial of objection to personal jurisdiction and the motion to set aside judgment.

Joshua D. Hughes v. State of Indiana (NFP)
02A03-1112-PC-591
Post conviction. Affirms denial of Ind. Trial Rule 72(E) request for an extension of time within which to appeal the denial of petition for post-conviction relief.

C.L. v. State of Indiana (NFP)
27A02-1203-JV-232
Juvenile. Affirms adjudication as delinquent for what would be Class C felony battery if committed by an adult.

Term. of the Parent-Child Rel. of D.C.: L.B. (father) v. The Indiana Dept. of Child Services (NFP)
82A01-1203-JT-114
Juvenile. Affirms involuntary termination of parental rights.  

Troy and Mary Hill v. Beta Steel Corporation (NFP)
93A02-1203-EX-215
Agency appeal. Affirms denial of death benefits.

In the Matter of the Term. of the Parent-Child Rel. of A.A.M., and B.J. v. Indiana Dept. of Child Services (NFP)
02A03-1201-JT-42
Juvenile. Affirms involuntary termination of parental rights.

Lukuman Aderbigbe v. State of Indiana (NFP)
49A04-1203-PC-219
Post conviction. Affirms denial of petition for post-conviction relief.

Kenneth W. Gilland v. State of Indiana (NFP)
32A01-1203-CR-143
Criminal. Reverses order that Gilland pay more than $20,000 in restitution. Because Gilland agreed to pay nearly $10,000 in restitution in a plea agreement, he may not challenge the portion that relates to the loss in value of a motorcycle on appeal. Remands with instructions to reduce the restitution order to $9,949.62.

James R. Ferguson v. State of Indiana (NFP)
48A02-1110-CR-968
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.

Gregory J. Schnelker v. Indiana Department of Insurance Patient's Compensation Authority (NFP)
49A02-1201-CT-33
Civil tort. Affirms order which declined to award Schnelker damages for loss of wages and capacity and for increased risk of future harm.

Timothy A. Stevens v. State of Indiana (NFP)
64A03-1111-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

Steven Hook, Sr. v. State of Indiana (NFP)
71A04-1204-CR-203
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Grants rehearing and affirms original opinion in all respects, which affirmed the order Williams serve his entire sentence that was suspended at the time of initial sentencing.

Frederic Williams v. State of Indiana (NFP)
49A05-1110-PC-621
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel. of J.D.: W.H. v. Indiana Dept. of Child Services (NFP)
79A02-1203-JT-201
Juvenile. Affirms termination of parental rights.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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