Opinions

Opinions Nov. 7, 2016

November 7, 2016
The following Indiana Tax Court opinion was posted after IL deadline Friday:
Monroe County Assessor v. SCP 2007-C-26-002, LLC a/k/a CVS 3195-02
49T10-1509-TA-29
Tax. Affirms Indiana Board of Tax Review’s finding that CVS’ appraisals of a Bloomington store location are more credible than the Monroe County Assessor’s assessments between 2009 and 2013. Holds that Tax Court rulings in previous similar cases were decided correctly.
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Opinions Nov. 4, 2016

November 4, 2016
Indiana Court of Appeals
Mickel Thacker v. State of Indiana
49A02-1510-CR-1563
Criminal. Affirms Mickel Thacker’s conviction of Level 6 felony auto theft and Class A misdemeanor resisting law enforcement. Finds that the evidence was sufficient to prove Thacker knowingly or intentionally exerted unauthorized control over a stolen vehicle and resisted law enforcement.
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Opinions Nov. 3, 2016

November 3, 2016
Indiana Court of Appeals
Momar, Inc. v. Watcon, Inc. (mem. dec.)
71A03-1603-PL-621
Civil plenary. Affirms St. Joseph Superior Court’s grant of a preliminary injunction enjoining Momar Inc. from aiding its employee, Michael Janowiak, in soliciting orders from customers of Watcon Inc., from accepting orders from Watcon customers whose business Momar had previously solicited with aid from Janowiak, and from using or divulging any of Watcon’s confidential information.
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Opinions Nov. 2, 2016

November 2, 2016
Indiana Court of Appeals
David McCollough v. Noblesville Schools and Jeff Bryant
29A02-1512-CT-2181
Civil tort. Affirms on interlocutory appeal the denial of summary judgment to Noblesville Schools and Jeff Bryant on ex-basketball coach David McCollough’s defamation claim. Affirms summary judgment in favor of the defendants on McCollough’s other claims of intentional infliction of emotional distress, negligence, breach of contract, and tortious interference with a contract/business relationship.
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Opinions Nov. 1, 2016

November 1, 2016
7th Circuit Court of Appeals
United States of America v. Deandre Armour
15-2170
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms Deandre Armour’s conviction for aiding and abetting using or carrying and/or brandishing a firearm during and in relation to a crime of violence but vacates the sentence on that count and remands for resentencing. Affirms the district court’s decision to sentence Armour as a career offender.
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Opinions Oct. 31, 2016

October 31, 2016
Indiana Court of Appeals
Justin S. Johnson v. State of Indiana
28A05-1602-CR-309
Criminal. Reverses Greene Superior Court decision to revoke Justin Johnson’s home detention and instead sentence him to seven years in the Department of Corrections. Remands with instructions to place Johnson in on work release.
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Opinions Oct. 28, 2016

October 28, 2016
Indiana Court of Appeals
Jennifer R. Quinn v. Daniel P. Quinn
49A02-1509-DR-1321
Domestic relation. Affirms Marion Superior Court order awarding custody of Jennifer and Daniel Quinn’s son to Daniel Quinn. Finds that the trial court did not abuse its discretion in calculating child support. Finds that the trial court abused its discretion in distributing the Quinn’s property because it did not include the value of all of the assets in the marital pot. Remands with instructions to the trial court to redistribute the Quinn’s property without a hearing.
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Opinions Oct. 27, 2016

October 27, 2016
7th Circuit Court of Appeals
Chance T. Kelham v. CSX Transportation, Inc.
16-1544
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Andrew P. Rodovich.
Civil. Affirms jury finding in favor of CSX Transportation Inc. Finds that Chance Kelham’s back pain existed before his on-the-job fall.
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Opinions Oct. 26, 2016

October 26, 2016
Indiana Supreme Court
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
02S05-1603-CT-114
Civil tort. Reverses summary judgment in favor of Angela Martin on the negligence claim brought by Michalik’s estate. Affirms summary judgment in favor of Martin on the Dram Shop Act claim.
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Opinions Oct. 25, 2016

October 25, 2016

Indiana Supreme Court
In the Matter of: Terry Lee Smith
91S00-1603-DI-136
Disciplinary. Enters judgment in favor of Terry Lee Smith. Finds that the Indiana Supreme Court Disciplinary Commission failed to meet its burden of proving by clear and convincing evidence that Smith violated Indiana Professional Conduct Rule 8.4(d).

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Opinions Oct. 21, 2016

October 21, 2016
Indiana Supreme Court
Mary K. Patchett v. Ashley N. Lee
29S04-1610-CT-549
Civil tort. Finds on interlocutory appeal that the ruling in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), permitting defendants in a personal injury lawsuit to introduce discounted reimbursements negotiated between the plaintiff’s medical providers and his private health insurer, so long as insurance is not referenced, also applies to reimbursements by government payers.
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Opinions Oct. 20, 2016

October 20, 2016
Indiana Court of Appeals
State of Indiana v. Tyson Timbs and a 2012 Land Rover LR2
27A04-1511-MI-1976
Miscellaneous/civil forfeiture. Majority affirms trial court ruling that the forfeiture of Tyson Timbs’ 2012 Land Rover was a constitutionally excessive fine when the state sought to seize the vehicle after he was charged with two counts of Class B felony dealing in a controlled substance and one count of Class D felony conspiracy to commit theft.  Dissenting Judge Michael Barnes would reverse the trial court and grant the State’s forfeiture request.
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Opinions Oct. 19, 2016

October 19, 2016
Indiana Court of Appeals
State of Indiana v. Charles Summers
09A02-1604-MI-933
Miscellaneous. Reverses Cass Superior Court’s order granting Charles Summers’ petition to remove his name from the sex-offender registry. Finds that because Summers was under a tolling requirement in Illinois, there is no punitive burden to maintaining that requirement across state lines and that there is no ex post facto violation. Remands for further proceedings.
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Opinions Oct. 18, 2016

October 18, 2016
Indiana Court of Appeals
State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc.
37A05-1603-CC-648
Civil collection. Affirms denial of the State of Indiana, ex rel. Indiana Department of Transportation’s motion for summary judgment in lawsuit against Joshua DeHaven and FBi Buildings, Inc. INDOT is not entitled to recover, as a matter of law, the actual cost incurred to repair the bridge after DeHaven struck it with his trailer.
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Opinions Oct. 17, 2016

October 17, 2016
Indiana Court of Appeals
Charles J. Davis Sr. v. Jay Phelps, Bartholomew County Clerk

03A01-1604-PL-928
Civil plenary. Reverses Bartholomew Circuit Court’s order dismissing Charles J. Davis Sr.’s complaint for failure to make a timely payment of fees. Finds that Davis should have been given 45 days to make the payment, but was only given 30 days. Remands with instructions for Davis to re-send the filing fee of $17.18 within 45 days.

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Opinions Oct. 14, 2016

October 14, 2016
Indiana Court of Appeals
Kent R. Blair, Sr. v. State of Indiana
02A05-1604-CR-832
Criminal. Affirms Kent Blair’s convictions of invasion of privacy as a Level 6 felony and criminal trespass as a Class A misdemeanor, and his sentence to 1 ½ years executed in the Indiana Department of Correction. Finds the evidence is sufficient to sustain Blair’s convictions, that the Allen Superior Court did not abuse its discretion in sentencing him and that his sentence is not inappropriate in light of the nature of the offenses and his character.
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Opinions Oct. 13, 2016

October 13, 2016
Indiana Court of Appeals
Danny Sims v. Andrew Pappas and Melissa Pappas
45A03-1509-CT-1424
Civil tort. Majority reverses jury award of $2 million in favor of the Pappases in a lawsuit following a crash caused by Sims, an intoxicated driver. The trial court erred in admitting Sims’ prior decades-old convictions for alcohol-related offenses that neither proved nor disproved any facts that were central to the questions the jury decided, and were therefore irrelevant and unfairly prejudicial. Judge Robert Altice dissents, arguing admission of the evidence of past convictions was for the sole purpose of establishing punitive damages and bear on the reprehensibility of his actions and state of mind.  

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Opinions Oct. 12, 2016

October 12, 2016
7th Circuit Court of Appeals
James Blasius v. Angel Automotive, Inc.
15-2994
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Joseph S. Van Bokkelen.
Civil. Reverses district court decision to grant summary judgment in favor of Angel Automotive Inc. after James Blasius accused the company of negligence. Finds that a genuine issue of material fact exists as to the proximate cause of the fire that consumed Blasius’ vehicle and that Blasius is entitled to rely on the doctrine of res ipsa loquitur. Remands for further proceedings.
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Opinions Oct. 11, 2016

October 11, 2016
Indiana Court of Appeals
Allen County Plan Commission, et al. v. Olde Canal Place Association, et al.
02A03-1412-PL-441
Civil plenary. Reverses Allen Superior Court’s order granting Olde Canal Place Association and its members relief from judgment. Finds that the association cannot establish a meritorious claim. Remands with instructions to vacate the judgment setting aside its dismissal of the association’s petition for judicial review.

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Opinions Oct. 6, 2016

October 6, 2016
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.G. (Minor Child), and N.R.G. (Mother) v. The Indiana Department of Child Services
71A04-1602-JT-346
Juvenile termination of parental rights. Remands with instructions to provide more specific findings of fact and conclusions of law to support the termination of N.R.G.’s parental rights to her daughter, N.G.
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Opinions Oct. 5, 2016

October 5, 2016
Indiana Tax Court
Hamilton Square Investment, LLC. v. Hamilton County Assessor
49T10-1505-TA-00018
Tax. Reverses the final determination of the Indiana Board of Tax Review. Remands to the Indiana Board of Tax Review to instruct the appropriate officials to take action. Finds that Hamilton Square Investment LLC was correct in its claim that the board erred in upholding the classification of its real property and the allocation of its tax cap credits for the 2012 tax year.
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Opinions Oct. 4, 2016

October 4, 2016
Indiana Supreme Court
Robert Lewis, III v. State of Indiana
45S00-1601-LW-32
Life without parole. Resentences Robert Lewis to a total of 88 years’ imprisonment for his convictions of murder, criminal deviate conduct as a Class B felony and resisting law enforcement as a Class D felony. Remands to the trial court for the imposition of the sentences.
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Opinions Oct. 3, 2016

October 3, 2016
7th Circuit Court of Appeals
Exodus Refugee Immigration, Inc. v. Michael R. Pence, in his official capacity as Governor of Indiana, et al.
16-1509
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms preliminary injunction barring Gov. Mike Pence from ordering federal money to assist the resettlement of Syrian refugees be withheld because of potential terror threats. The district judge was correct in granting the injunction because Exodus is likely to prevail in a trial on the merits.
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Opinions Sept. 30, 2016

September 30, 2016
Indiana Court of Appeals
Robert Kadrovach v. State of Indiana
49A02-1510-CR-1738
Criminal. Affirms conviction of Class A felony attempted murder for a hotdog vendor who stabbed a man in the head in downtown Indianapolis. The court did not commit fundamental error when it instructed the jury as to the mens rea necessary to convict him of attempted murder.
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Opinions Sept. 29, 2016

September 29, 2016
Indiana Court of Appeals
Jakob Robinson v. State of Indiana
79A02-1603-CR-522
Criminal. Affirms eight year sentence, with five years in the Department of Correction and three suspended to probation, following Robinson’s guilty plea to five counts of child seduction as Level 5 felonies. His sentence is not inappropriate given his manipulation of his victim, a student at the school where he taught and coached, and his abuse of his position of trust over her.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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