Opinions May 20, 2014

May 20, 2014
Indiana Court of Appeals
In the Matter of the Adoption of J.M.: J.P. and J.M. v. R.H. and R.H.
Adoption. Affirms trial court’s judgment that the natural parents’ consent was not necessary in the adoption of their child, J.M. Concludes the trial court did not err when it held a consent hearing which essentially terminated the rights of the natural parents. Also finds the trial court did consider the best interests of the child and that the trial court did not need to consider the natural parents’ fitness at the time of the consent hearing and again at the adoption hearing. 

Opinions May 19, 2014

May 19, 2014
Indiana Tax Court
Van Buren Township, Madison County, Boone Township, Madison County, The Summitville Fire Protection Territory v. Department of Local Government Finance
Tax. Affirms Department of Local Government Finance denial of creation of the Summitville Fire Protection Territory because of defects in a legal advertisement to provide notice of a public hearing at which two townships proposed creation of the fire district and its authority to levy taxes. The court rejected arguments that each township published notice of the meeting on the same day in the same newspaper, so therefore a reasonable person would not have been misled by the defective legal notice.

Opinions May 16, 2014

May 16, 2014
Indiana Supreme Court
In the Matter of: Steven B. Geller
Attorney discipline. Disbars Geller for 12 violations of the Rules of Professional conduct, including violations arising from his physical confrontation at the courthouse with an ex-client who he believed owed him money. Disbarment is warranted in light of Geller’s history of misconduct, unsuccessful prior attempt at rehabilitation, inability to manage anger, and dishonesty toward the Court and the Disciplinary Commission. Justice Mark Massa concurred in part and dissented in part and would have recommended a three-year suspension without automatic reinstatement.

Opinions May 15, 2014

May 15, 2014
Indiana Tax Court
Hoosier Roll Shop Services, LLC v. Indiana Department of State Revenue
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.

Opinions May 14, 2014

May 14, 2014
Indiana Supreme Court
State of Indiana v. Tammy Sue Harper
Criminal. Affirms grant of Harper’s motion for a sentence modification sought more than 365 days after she was originally sentenced. The prosecutor’s conduct and communications adequately conveyed the “approval of the prosecuting attorney” required in I.C. 35-38-1-17(b).

Opinions May 13, 2014

May 13, 2014
Indiana Supreme Court
In re Mental Health Actions for A.S., Sara Townsend
Mental health. Reverses finding that Sara Townsend was in indirect civil contempt after completing an application to initiate immediate emergency treatment for her co-worker, A.S. The trial court lacked statutory authority to find her in contempt and her actions did not place her under the trial court’s authority to impose sanctions as an inherent power of the judiciary.

Opinions May 12, 2014

May 12, 2014
Indiana Tax Court
West Ohio II, LLC v. Marion County Assessor, Marion County Treasurer, and Marion County Auditor
Tax. Grants the county’s motion to dismiss for lack of subject matter jurisdiction West Ohio II’s petition asking the Tax Court to enjoin the collection of property taxes related to a disputed portion of its $39 million assessment. Injunctive relief cannot be granted before an original tax appeal has been initiated.

Opinions May 9, 2014

May 9, 2014
7th Circuit Court of Appeals
Advanced Tactical Ordnance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses finding that the court has personal jurisdiction and that Advanced Technical was entitled to a preliminary injunction. Remands with directions to dismiss for lack of personal jurisdiction. There is no evidence that defendant Real Action has the necessary minimum contacts with Indiana to support specific jurisdiction.

Opinions May 8, 2014

May 8, 2014
Indiana Court of Appeals
Belinda Douglas v. Neil Spicer and L.S.
Juvenile. Affirms order that Spicer pay $6,600 in back child support. The trial court did not err when it determined that father’s court-ordered child support obligation terminated after 33 weeks in October 2005.

Opinions May 7, 2014

May 7, 2014
Indiana Supreme Court
Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown
Civil plenary. Reverses partial summary judgment to Maggie Lewis, holding Mayor Greg Ballard is entitled to summary judgment on redistricting ordinance issue. Justices exercise judicial restraint and leave redistricting in the hands of the two branches of local government responsible for the task. Also reverses any order requiring Ballard to pay part of the cost of a master brought in on the issue.

Opinions May 6, 2014

May 6, 2014
7th Circuit Court of Appeals
Cung Hnin v. TOA (USA), LLC
Civil. Affirms summary judgment in favor of TOA on Cung Hnin’s claims of discrimination based on national origin and retaliation after his firing from TOA. Hnin presented no evidence suggesting TOA officials did not believe their reasons for firing him after employees raised concerns about his behavior. Likewise, Hnin had not presented circumstantial evidence that would permit a jury to infer that TOA retaliated against him for voicing his concerns about the promotion of ethnic Chin workers.

Opinions May 5, 2014

May 5, 2014

Opinions May 2, 2014

May 2, 2014
U.S. 7th Circuit Court of Appeals
Sarah E. Frey, Kevin Enright and Protect Our Woods Inc. v. Environmental Protection Agency and Gina McCarthy, Administrator
Civil. Affirms District Court rulings of summary judgment in favor of EPA and denial of motion for U.S. District Court Chief Judge Richard Young to disqualify himself based on prior rulings. Young correctly found plaintiffs’ motions were moot because a Bloomington PCB cleanup is ongoing, because plaintiffs are not prevailing parties or parties to the original consent decree, and as such they also are not entitled to attorney fees. Young’s decision not to disqualify himself did not deny plaintiffs due process.

Opinions May 1, 2014

May 1, 2014
Indiana Supreme Court
Alva Electric, Inc., Arc Construction Co., Inc., Danco Construction, Inc., Deig Bros. Lumber & Construction Co., Inc., et al. v. Evansville-Vanderburgh School Corporation and EVSC Foundation, Inc.
Civil plenary. Affirms summary judgment in favor of the defendants on the antitrust claim. Reverses summary judgment for the defendants on the issue of a public bidding violation. Holds the procedure employed by the school corporation to renovate one of its buildings violated Indiana’s Public Work Statute, but not the Antitrust Act. Remands with instructions to enter summary judgment in favor of the taxpayers who brought the lawsuit as well as a declaration that the transactions by the school corporation violated the Public Work Statute.

Opinions April 30, 2014

April 30, 2014
7th Circuit Court of Appeals
United States of America v. James V. Carroll
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Criminal. Affirms denial of motion to suppress following Carroll’s guilty plea to one count of possession of child pornography and six counts of sexual exploitation of a child. The information in the detective’s affidavit was sufficient to establish fair probability that the computer or other digital storage devices within Carroll’s home would contain evidence of child pornography or exploitation of a child, despite the fact that the photographs were taken approximately five years earlier.

Opinions April 29, 2014

April 29, 2014
Indiana Supreme Court
In the Matter of: Karl N. Truman
Attorney discipline. Issues a public reprimand for violation of Indiana Professional Conduct Rule 5.6(a) by making an employment agreement that restricted the rights of a former associate to practice after termination of the employment relationship. The court also accepted the parties’ stipulation that Truman violated Rule 1.4(b), failure to explain a matter to the extent reasonably necessary to permit client to make informed decisions regarding representation.

Opinions April 28, 2014

April 28, 2014
Indiana Court of Appeals
John M. Weidman v. State of Indiana
Criminal. Affirms 14-year sentence following guilty pleas in two separate causes. Weidman specifically agreed in his plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of his release on bond. Accordingly, he may not now claim that he was entitled to credit for the time he was on electronic monitoring.

Opinions April 25, 2014

April 25, 2014
Indiana Court of Appeals
Marvin Garner v. State of Indiana
Criminal. Affirms aggregate 60-year sentence for four counts of Class A felony child molesting. His offenses were committed against multiple victims and against the same victims repeatedly, and his victims were young and he abused this position of trust.

Opinions April 24, 2014

April 24, 2014
Indiana Court of Appeals
Donnetta Newell v. State of Indiana
Criminal. Affirms Class A misdemeanor intimidation conviction. The trial court did not abuse its discretion in admitting evidence of the incident that led to Newell’s eviction and there is sufficient evidence for the finder of fact to conclude that Newell knew her statement to a security guard would be transmitted to the subject of her threat.

Opinions April 23, 2014

April 23, 2014
Indiana Court of Appeals
Matthew P. Wilhoite v. State of Indiana
Criminal. Affirms conviction of Class B felony “conspiracy to commit attempted armed robbery.” Wilhoite argued his conviction is invalid because a person may not be convicted of “conspiring to attempt” any crime. Although the state referenced a non-existent crime when it listed “conspiracy to commit attempted robbery” on the charging information as the crime committed, Wilhoite has not demonstrated fundamental error.

Opinions April 22, 2014

April 22, 2014
Indiana Court of Appeals
Shelly Bailey v. Lance Bailey
Domestic relation. Reverses trial court’s modification of physical custody of the two children. Finds the Parallel Parenting Time Order did not enable the court to modify the children’s custody to joint custody especially since neither parent petitioned for a change in custody. Judge John Baker dissented, writing that, as instructed by the Parallel Parenting Time Order, the trial court was trying to act in the best interest of the children and to prevent any further destructive behavior by the parents.

Opinions April 21, 2014

April 21, 2014
Indiana Court of Appeals
Old Utica School Preservation, Inc., Kenneth Morrison, Scott Sandefur, and Pamela Sandefur v. Utica Township, John Durbin, Utica Township Trustee, Jacobs Well, Inc., Kevin Williar, John Posey, et al.
Civil plenary. Reverses trial court grant of summary judgment in favor of Utica Township defendants and remands for proceedings on their claims. Old Utica School Preservation plaintiffs are entitled under the public standing doctrine to proceed with their claim that the township violated language in a quitclaim deed requiring the former school to be operated by the township solely for park and recreation purposes. Plaintiffs sued when the township leased the building for purposes including temporary housing or a halfway house for criminal offenders.

Opinions April 17, 2014

April 17, 2014
Indiana Court of Appeals
Jason Taylor v. State of Indiana
Criminal. Reverses denial of petition for expungement. Determines that the word “shall” in Section 35-38-9-2(d) is mandatory language requiring expungement. And such an interpretation does not render Section 35-38-9-9(d) meaningless because that section applies to other parts of the statute where the trial court does have discretion to deny a petition for expungement.

Opinions April 16, 2014

April 16, 2014
Indiana Supreme Court
David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction; Thor R. Miller, as Chairman of the Indiana Parole Board; et al.
Civil plenary. Reverses the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s additional parole conditions 4, 5, 17, 19 and 20, and remands with instructions that it enter an order enjoining the parole board from enforcing those conditions. Affirms the trial court’s grant of summary judgment to the parole board with respect to Bleeke’s claims about the constitutionality of the Sex Offender Management and Monitoring Program.

Opinions April 15, 2014

April 15, 2014
7th Circuit Court of Appeals
United States of America v. Marcus Henderson
Criminal. Affirms denial of motion to suppress and conviction of being a drug user in possession of firearms in violation of 18 U.S.C. Section 922(g)(3). The record is replete with specific and articulable facts which the SWAT officers reasonably relied upon to conclude that the officers or others faced a dangerous situation without a protective sweep of his house.
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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...