Opinions May 28, 2013

May 28, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Friday:
Dora Brown, Ben Kindle, and Sonjia Graf v. Department of Local Government Finance
Tax. Rules the DLGF was not required to perform a “needs analysis” set forth in I.C. 36-6-6-14(d) before it approved the Gregg Township Board of Morgan County’s loan for a new fire truck under I.C. 36-8-13. The DLGF’s final determination is supported by the evidence. Remands for the DLGF to address whether its final determination violates the Indiana Constitution.

Monday’s opinions
Indiana Court of Appeals
David Streeter v. State of Indiana (NFP)
Post conviction. Affirms denial of amended petition for post-conviction relief.

In Re the Matter of L.P., Alleged Child In Need of Services, S.P. and M.H. v. Indiana Department of Child Services and Miami County CASA Program (NFP)
Juvenile. Affirms determination that L.P. is a child in need of services.

In Re The Matter of: D.H. and D.H., Children in Need of Services; D.H. (Father) v. Marion County Dept. of Child Services, and Child Advocates, Inc. (NFP)
Juvenile. Affirms determination that D.L.H. and D.H. are children in need of services.

Term. of the Parent-Child Rel. of S.B. (Minor Child) and A.B. (Mother) and D.B. (Father) v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Robert L. Murray v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Kevin Williams v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.

Samuel Bradley v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class B felony attempted deviate conduct.

Dennis Powell & Barbara Powell v. Porter Hospital, LLC d/b/a Porter Hospital (NFP)
Civil tort. Reverses dismissal of the Powells’ complaint against Porter Hospital and remands for further proceedings.

Angel L. Diaz v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class D felony pointing a firearm, and Class B misdemeanor criminal mischief.

Louis Moreira v. State of Indiana (NFP)
Criminal. Affirms two convictions of Class B felony burglary.

D.P. and G.P. v. J.H. and T.H. (NFP)
Miscellaneous. Remands with instructions to conduct a new hearing on the foster parents’ motion to tax fees and costs. Declines to address the grandparents’ arguments related to the adoption of J.P. by the foster parents and denies the foster parents’ request for appellate attorney fees.

Richard B.E. Spoon v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class B felony child molesting.

Jacob Phillips v. State of Indiana (NFP)
Criminal. Affirms 35-year sentence for Class A felony child molesting and the calculation of pre-sentencing credit time.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.



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