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Opinions May 28, 2014

May 28, 2014
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Hamilton County Assessor v. SPD Realty, LLC
49T10-1104-TA-28
Tax. Affirms the Board of Tax Review’s final determination that SPD Realty’s real and personal property qualified for a charitable purposes exemption for the 2009 tax year. The board’s final determination is not contrary to law and unsupported by substantial evidence because New Life occupied and used the property for a charitable purpose; SPD owned the property for a charitable purpose; and the property was predominately used for charitable purposes.

Wednesday’s opinions
7th Circuit Court of Appeals

Joshua Bunn v. Khoury Enterprises Inc.
13-2292
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Bunn’s former employer, a Dairy Queen franchise, on his claims that his employer violated the Americans with Disabilities Act. Bunn’s failure-to-accommodate claim falls short because his employer did reasonably accommodate his disability. His disparate treatment claim fails because he has not introduced sufficient evidence to create a triable issue of material fact and because the undisputed facts show that the defendant is entitled to judgment as a matter of law.

Indiana Court of Appeals
Craig Alvey v. State of Indiana
20A04-1310-MI-533
Miscellaneous. Affirms denial of Alvey’s petition to expunge the records of his conviction. He did not meet all the requirements of the expungement statute because he admitted twice to violating his probation before successfully completing his sentence.

Melisa R. Digbie v. Review Board of the Indiana Department of Workforce Development and Eaglecare LLC
93A02-1312-EX-1054
Agency action. Reverses decision of the Review Board of the Department of Workforce Development in favor of Eaglecare LLC on Digbie’s claim for unemployment benefits and its determination that Digbie received notice of the Aug. 6 hearing. The DWD presented no evidence that it mailed notice of the hearing to Digbie, so it was not entitled to the rebuttable presumption that she received notice. Remands for a new evidentiary hearing.

Tyrece Robertson v. State of Indiana
49A05-1310-CR-487
Criminal. Reverses convictions of Class D felony attempted residential entry and Class B misdemeanor criminal mischief. The trial court erred when it overruled Robertson’s Baston challenge contesting the state’s use of a peremptory challenge to strike a juror.

A.H. v. State of Indiana
49A05-1309-JV-450
Juvenile. Affirms juvenile court’s restitution order requiring A.H. to provide restitution to the probation department for the electronic monitoring bracelet she cut off and left at a park. The admission agreement left disposition open to the juvenile court and the court did not fail to inquire into her ability to pay.

Jeremy L. Honaker v. State of Indiana (NFP)
39A01-1306-PC-291
Post conviction. Affirms denial of petition for post-conviction relief.

Napoleon Wilson v. State of Indiana (NFP)
45A04-1308-CR-434
Criminal. Affirms denial of motion to suppress the results of a traffic stop.

Jory D. Peters v. State of Indiana (NFP)
45A03-1305-CR-177
Criminal. Affirms murder conviction.

Idowa Hood v. State of Indiana (NFP)
48A02-1309-CR-828
Criminal. Reverses sentence and orders trial court to resentence Hood and calculate his pretrial credit time in accordance with I.C. 35-38-3-2(b)(4).

In the Matter of the Termination of the Parent-Child Relationship of: S.S. (Minor Child), and S.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1309-JT-784
Juvenile. Affirms order denying mother’s motion for relief under Indiana Trial Rule 60(B) and involuntarily terminating her parental rights.

Rachel M. Swaney and Eric Swaney v. Chrysler Group LLC and Grieger's Motor Sales, Inc. (NFP)
64A03-1401-CT-25
Civil tort. Reverses dismissal of the Swaneys’ complaint for failure to prosecute and remands for further proceedings.

Gary Maxwell v. State of Indiana (NFP)
49A05-1308-CR-427
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.  

In the Matter of the Termination of the Parent-Child Relationship of: A.C. (Minor Child) and E.C. (Mother) and R.C. (Father) v. The Indiana Department of Child Services (NFP)
48A02-1310-JT-875
Juvenile. Affirms involuntary termination of parental rights.

Johnnie Winford v. State of Indiana (NFP)

22A01-1307-CR-303
Criminal. Affirms conviction of Class C felony nonsupport of a dependent child.

Mercedes Jones v. State of Indiana (NFP)
49A02-1311-CR-962
Criminal. Affirms conviction of Class A misdemeanor theft.

Jeffrey Duncan v. State of Indiana (NFP)
32A01-1310-CR-456
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a BAC equivalent to 0.15 and determination as a habitual substance offender.

Kevin A. Deubner v. State of Indiana (NFP)
49A05-1309-CR-439
Criminal. Affirms revocation of placement in community corrections program.

Deandrew Russell v. State of Indiana (NFP)
79A04-1308-CR-389
Criminal. Affirms sentence for Class C felony criminal confinement.

Vincent W. Hren v. State of Indiana (NFP)
32A01-1310-CR-436
Criminal. Affirms sentence for Class D felonies operating a vehicle as a habitual traffic violator and operating a vehicle while intoxicated.

Michael Widup v. State of Indiana (NFP)
49A02-1310-CR-861
Criminal. Affirms conviction for Class A felony child molesting and three convictions of Class C felony child molesting but vacates one conviction of Class C felony child molesting as it violates double jeopardy. Vacates sentence imposed on that count.

William Crockett v. State of Indiana (NFP)
71A04-1307-PC-374
Post conviction. Affirms denial of petition for post-conviction relief.

Jesse Clements v. Davina Curry (NFP)
49A02-1308-CT-713
Civil tort. Affirms dismissal of Clements’ counterclaim, reverses grant of summary judgment to Curry and remands for a hearing.

Rashawn Speed v. State of Indiana (NFP)
35A02-1308-CR-696
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class B felony sexual misconduct with a minor.

Steve D. Boyd v. State of Indiana (NFP)
73A01-1310-CR-438
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in narcotics.

Justin M. Alexander v. State of Indiana (NFP)
02A03-1310-CR-403, 02A03-1310-CR-404, 02A03-1310-CR-405
Criminal. Affirms convictions and sentences in three separate, but related, criminal appeals. Remands for clarification of the sentencing orders.

Jason Johnson v. State of Indiana (NFP)
49A02-1310-CR-891
Criminal. Affirms convictions of Class D felony residential entry, Class A misdemeanor interference with reporting a crime and Class A misdemeanor conversion.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Wednesday.
 

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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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