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Opinions June 26, 2014

June 26, 2014
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The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals
Chris Cabral and Nancy Tarsitano v. City of Evansville, Ind.; Appeal of: West Side Christian Church
13-2914
U.S. District Court, Southern District of Indiana, Evansville Division, Judge Sarah Evans Barker.
Civil. Dismisses West Side Church’s appeal of the court order that permanently enjoined the city from permitting the erection of the church’s crosses on the public riverfront. West Side does not have standing to bring the appeal because the court cannot redress any injury the church might have suffered because Evansville is not a party to this appeal and could prohibit the display’s erection regardless of any issue ordered.


Indiana Court of Appeals
First American Title Insurance Company v. Darrell Calhoun and Barbara Calhoun, Successors to Marcus Burgher III, for Issuance of Tax Deed
13A01-1304-MI-177
Miscellaneous. Affirms order denying the original intervenor/mortgage foreclosure judgment holder’s motion for summary judgment, in which it sought to set aside the tax deed issued to the tax sale purchaser and original petitioner, Burgher, for property he later quitclaim deeded to substitute petitioners, the Calhouns. There are questions of fact regarding the constitutional adequacy of the 4.6 Notice and regarding the balancing of the parties’ interests and regarding whether Burgher gave notice in a manner reasonably calculated to inform WM of the issuance of the tax deed.

Indiana Tax Court
Clark County, Indiana v. Indiana Department of Local Government Finance
39T10-1102-TA-9
Tax.  Affirms the DLGF’s final determination that denied Clark County’s petition for an excess property tax levy for the 2011 budget year. The county’s decision to not charge the maximum property tax levy that was allowed under statute for the 2008 year is not an “error in data” that the DLGF can later fix.

Thursday’s opinions

Indiana Court of Appeals
Traci Nelson v. Tony Nelson
41A01-1309-DR-424
Domestic relation. Affirms order denying Traci Nelson’s motion to relocate and modifying custody of her child in favor of father Tony Nelson. Finds mother’s reasons for relocation were legitimate and in good faith and that the conclusion that the Relocation Statute factors disfavored relocation and merited a change in custody to father was not clearly erroneous.

Terry Weisheit Rental Properties, LLC v. David Grace, LLC and Dance Central Academy, LLC

19A05-1310-PL-488
Civil plenary. Reverses judgment finding the existence of a prescriptive easement permitting Grace and the dance academy use of portions of land used by Weisheit for ingress and egress from Grace’s property. The trial court erred in construing the provision of the plaintiffs’ deed.

Lindsay Washmuth and Kristopher Washmuth v. Johnny Wiles and Amy Wiles
48A04-1310-SC-515
Small claims. Reverses judgment in favor of the tenants, Johnny and Amy Wiles. The small claims court erred when it determined that the Washmuths’ notice to the tenants was untimely. Remands for calculation of the amount of damages incurred by the landlords and the amount of security deposit, if any, that should be returned to the tenants.

James R. Sapp v. Flagstar Bank, FSB
49A02-1311-PL-935
Civil plenary. Affirms the trial court properly determined that FSB could issue a charge back to Sapp’s account in accordance with the agreement and Uniform Commercial Code. The trial court correctly found Sapp personally liable for the amount of the check that had been lost. Affirms the amount of attorney fees that the trial court awarded to FSB and remands to decide the amount of appellate attorney fees to which FSB may be entitled.

Rebecca Roberts v. State of Indiana (NFP)
03A01-1311-CR-498
Criminal. Affirms decision ordering Roberts to serve the entire previously suspended sentence following her probation violation.

Thomas Schultheis v. State of Indiana (NFP)
60A04-1311-CR-582
Criminal. Affirms conviction of Class D felony intimidation of a law enforcement officer.

E. Rodney Lewis Blair v. State of Indiana (NFP)
45A03-1311-CR-432
Criminal. Affirms denial of motion to withdraw guilty plea to Class B felony dealing in cocaine.

Desmond McGee v. State of Indiana (NFP)
49A05-1311-CR-555
Criminal. Affirms conviction of Class B misdemeanor battery.

Garry D. Jackson v. State of Indiana (NFP)
39A01-1310-CR-457
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated, finding Jackson is a habitual offender, and four-year prison sentence.

L.P. Richardson v. Eric Armstrong, Jonathon Postell, Tyrone Postell, Lambert Barnes (NFP)
49A02-1309-PL-826
Civil plenary. Affirms dismissal of Richardson’s complaint and award of attorney fees and court costs to Armstrong.

Shawn P. English v. State of Indiana (NFP)
02A03-1311-CR-457
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony battery.

Rick Whipple v. State of Indiana (NFP)
29A02-1312-CR-1000
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

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

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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