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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
49T10-0912-TA-83
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)
44A04-1110-PC-640
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)
52A02-1212-JC-1028
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)
49A02-1210-JC-827
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)
53A01-1208-JT-341
Juvenile. Affirms involuntary termination of parental rights.

Robert L. Murray v. State of Indiana (NFP)
45A05-1205-PC-274
Post conviction. Affirms denial of petition for post-conviction relief.

Kevin Williams v. State of Indiana (NFP)
79A02-1209-CR-761
Criminal. Affirms conviction of murder.

Samuel Bradley v. State of Indiana (NFP)
75A05-1211-CR-647
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)
64A03-1210-CT-413
Civil tort. Reverses dismissal of the Powells’ complaint against Porter Hospital and remands for further proceedings.

Angel L. Diaz v. State of Indiana (NFP)
52A04-1212-CR-660
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)
10A01-1208-CR-351
Criminal. Affirms two convictions of Class B felony burglary.

D.P. and G.P. v. J.H. and T.H. (NFP)
71A05-1210-MI-618
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)
55A04-1205-CR-253
Criminal. Affirms conviction and sentence for Class B felony child molesting.

Jacob Phillips v. State of Indiana (NFP)
87A01-1211-CR-500
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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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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