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Opinions Nov. 6, 2012

November 6, 2012
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The 7th Circuit Court of Appeals released no Indiana opinions before IL deadline. State courts are closed Tuesday for Election Day.

The following opinions were issued after IL deadline Monday:
Indiana Supreme Court
State of Indiana v. Elvis Holtsclaw

49S02-1205-CR-264
Criminal. Reverses dismissal of state’s notice of appeal and remands to the Court of Appeals for consideration of its merits, holding that the appeal is timely under Appellate Rule 9.

Elmer J. Bailey v. State of Indiana
49S02-1204-CR-234
Criminal. Reverses Court of Appeals and affirms trial court conviction of two counts of Class D felony domestic battery and two-year sentence, holding that physical pain is sufficient to prove the statutory element of bodily injury. The court rejected the COA’s holding that pain “must be sufficient to rise to a level of ‘impairment of physical condition’” to justify the conviction.

Indiana Tax Court
Shelbyville MHPI, LLC v. Anne Thurston, in her official capacity as Assessor, Shelby County
49T10-1003-TA-14
Tax. Affirms Indiana Board’s decision to uphold Shelby County assessor’s assessment of property owned by Shelbyville MHPI, LLC. The court found MHPI was incorrect when it assumed its assessment and property tax liability would remain relatively constant.

Millennium Real Estate Investment, LLC v. Assessor, Benton County, Indiana
49T10-1008-TA-42
Tax. Affirms Indiana Board of Tax Review’s decision to uphold real property assessments of Millennium Real Estate Investment, LLC. The court rejected Millennium’s argument that the IBTR abused its discretion in finding the assessor’s appraisal more persuasive.



 
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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