ILNews

Opinions May 15, 2014

May 15, 2014
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The following Indiana Tax Court opinion was posted after IL deadline Wednesday:
Hoosier Roll Shop Services, LLC v. Indiana Department of State Revenue
49T10-1104-TA-29
Tax. Grants summary judgment in favor of Hoosier Roll and against the Department of State Revenue. Finds Hoosier Roll produces other tangible personal property when it grinds and calibrates its customers’ work rolls.

Indiana Court of Appeals
Riviera Plaza Investments, LLC and Haresh Shah v. Wells Fargo Bank, N.A.
02A03-1308-MF-323
Mortgage foreclosure.  Affirms summary judgment in favor of Wells Fargo with regard to Riviera and enters judgment in favor of Wells Fargo and against Shah in the ongoing collection and foreclosure proceedings against Riviera and Shah. The trial court properly granted Wells Fargo’s motion for summary judgment against Riviera and its determination that Shah was liable under the terms of the guaranty is not clearly erroneous.

J.H. v. J.K. (NFP)
1A03-1311-JP-459
Juvenile. Affirms order that father pay $70 per month toward the college expenses of his 19-year-old daughter.

Rayterrion Wheeler v. State of Indiana (NFP)
71A03-1310-CR-391
Criminal. Affirms murder conviction.

Rick Delks v. State of Indiana (NFP)
84A01-1309-PC-416
Post conviction. Affirms denial of petition for post-conviction relief.

In re the Paternity of D.M.Y.: M.S.R. v. B.Y. (NFP)
34A04-1310-JP-504
Juvenile. Affirms the determination of Michael S. Robinson’s child support arrearage.

Jason Keel v. April Najdowski (NFP)
29A02-1305-DR-463
Domestic relation. Affirms denial of Keel’s petition for reinstatement of his parenting time.

Thomas M. Slaats v. Sally E. Slaats n/k/a Sally E. Jaggers-Weber (NFP)
87A01-1311-DR-503
Domestic relation. Affirms modification of father’s child support obligation.

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

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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