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Opinions Dec. 11, 2013

December 11, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Roderick E. Kellam v. Fountain County Assessor
49T10-1211-TA-78
Tax. Reverses the Indiana Board of Tax Review’s final determination denying a homestead standard deduction on Kellam’s Fountain County property for the 2010 tax year. The decision is unsupported by substantial or reliable evidence and the conclusion that the property was not his principal place of residence is contrary to law.  

Wednesday’s opinions
Indiana Court of Appeals

Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corporation
29A02-1302-CT-152
Civil tort. Reverses summary judgment for Duke Realty on Drake’s claim that it intentionally interfered with her partnership agreement with the law firm. The trial court erred when it concluded that Drake had failed to present a genuine issue of material fact as to whether Duke Realty intentionally induced Parr Richey to terminate Drake as a partner. Remands for further proceedings.

John Kader v. State of Indiana, Department of Correction, and The Geo Group, Inc.
33A01-1302-CT-72
Civil tort. Affirms in part, reverses in part and remands with instructions. The trial court abused its discretion when it struck the entirety of Holland’s affidavit, which Kader designated as evidentiary material in response to the motion for summary judgment. The trial court erred when it entered summary judgment against Kader regarding his claims against GEO, except as to Kader’s claim that GEO was negligent in its procurement and supervision of his follow-up medical care. The trial court also erred when it entered summary judgment against Kader on his claim of negligent medical treatment as it pertained to the state and the Department of Correction.

In Re the Paternity of: L.M.J. b/n/f, D.R.D. v C.A.J. (NFP)
34A02-1305-JP-458
Juvenile. Affirms denial of mother’s request for summary judgment on motion for a rule to show cause that father had failed to pay child support beyond his weekly obligation pursuant to the terms of the 1998 order regarding support.

Kelli Alvarez, f/k/a Kelli Galanos v. Horizon Bank, N.A. (NFP)
46A03-1304-CC-155
Civil collection. Dismisses appeal of order denying Alvarez’s motion to correct error challenging the entry of summary judgment in favor of Horizon Bank on a promissory note.

Willie Huguley v. State of Indiana (NFP)
49A02-1305-CR-443
Criminal. Affirms convictions of Class A felony child molesting, sexual intercourse; Class A felony child molesting, deviate sexual conduct; and Class C felony child molesting, fondling.

Joseph A. Harrell v. State of Indiana (NFP)
52A02-1307-CR-576
Criminal. Affirms revocation of probation.

L.M. Zeller, individually, and d/b/a Zeller Elevator Company v. Indiana Fire Prevention and Building Safety Commission (NFP)
82A01-1303-PL-115
Civil plenary. Affirms order affirming the decision of the Indiana Fire Prevention and Building Safety Commission regarding the servicing of elevators.

Kenneth Morton v. State of Indiana (NFP)
64A05-1305-CR-222
Criminal. Affirms sentence for four counts of Class D felony theft.

James B. Studabaker, II v. State of Indiana (NFP)
90A04-1303-CR-126
Criminal. Affirms convictions and sentence for two counts of Class B felony sexual misconduct with a minor.

Julie Marie King v. State of Indiana (NFP)
17A03-1305-CR-186
Criminal. Affirms sentence following guilty plea to aiding in attempted murder as a Class A felony.

Douglas A. Smith v. State of Indiana (NFP)
45A03-1304-CR-154
Criminal. Affirms murder conviction.

Randy Winters v. State of Indiana (NFP)
46A03-1302-CR-59
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

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. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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