ILNews

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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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