Opinions April 8, 2013

April 8, 2013
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The following Indiana Tax Court opinion was issued Friday after IL deadline.
Washington Township Assessor, Allen County Assessor, and Allen County Property Tax Assessment Board of Appeals v. Verizon Data Services, Inc. (NFP)
Tax. Denies Verizon’s motion to dismiss the assessors’ appeal of an Indiana Board of Tax Review final determination of summary judgment in favor of Verizon’s 2005 personal property tax assessment appeal.

Monday's opinions

Indiana Court of Appeals
Lorenzo Reid and Larry Blake, a/k/a Larry Reid v. State of Indiana
Post-conviction relief. Affirms denial of post-conviction relief from a 55-year sentence for Reid and a 44-year sentence for Blake, who were convicted in the 1990 murder and attempted robbery of a Richmond liquor store owner. The court ruled that the two were not denied due process when they were denied during post-conviction relief potentially exculpatory DNA evidence that was presented at trial and later lost or destroyed, and that they were not denied due process due to lack of effective assistance of counsel or by the state’s failure to disclose that a witness had a possible prior robbery conviction.  

Halden Martin v. State of Indiana
Criminal. Reverses and remands a conviction of Class A misdemeanor operating a vehicle while intoxicated. A toxicology department witness’s repeated failure to appear for scheduled depositions was a delay attributable to the state, the court ruled, finding that the delay caused a trial 476 days after Martin’s arrest, in violation of Criminal Rule 4(C).

Detona Sargent and One 1996 Buick, VIN 1G4AG55M3T6449095 v. State of Indiana, the Consolidated City of Indianapolis/Marion County, and the Indianapolis Metropolitan Police Department
Miscellaneous.  Affirms the trial court’s grant of summary judgment for the defendants, holding that a sufficient nexus was demonstrated between the underlying crime and the seized vehicle, and that neither Indiana’s bankruptcy exemptions nor Article I, Section 22 of the Indiana Constitution required the trial court to exempt Sargent’s 1996 Buick from forfeiture.

Darryl Shepherd v. State of Indiana
Criminal. Reaffirms on rehearing a prior ruling that affirmed a conviction for unlawful possession of a firearm by a serious violent felon, holding that Shepherd raises a defense for the first time on appeal. The argument was therefore waived, and even if it hadn’t been, the SVF conviction was based on a 1993 conviction of dealing cocaine, and a habitual offender enhancement was applied to different 1991 and 2008 convictions.

Adolfo Lopez v. State of Indiana
Criminal. Reverses and remands as excessive the trial court setting bond at $3 million surety plus $250,000 cash for restaurateur Adolfo Lopez on Class C felony charges of corrupt business influence, conspiracy to commit corrupt business influence, and four counts of forgery, and four counts of Class D felony perjury. Orders the trial court to set a reasonable bond based on relevant statutory factors.  

Kevin Perry v. Unemployment Insurance Review Board of the Indiana Dept. of Workforce Development and Indiana Dept. of Workforce Development UI Claims Adjudication Center
Civil. Affirms the decision by the Review Board of the Indiana Department of Workforce Development removing Perry from the Trade Adjustment Assistance training program. The Court of Appeals found Perry deviated from his approved education plan when he took online courses without prior approval.

Gary Hammerstone, Susan Hammerstone, Palmor Products, Inc., Northhampton Farm Bureau Cooperative Association, and Canns-Bilco Distributors, Inc. v. Indiana Insurance Company
Civil plenary. Reverses trial court’s order granting summary judgment to Indiana Insurance Co., and remands for further proceedings. The court found that language in the umbrella policy defining “products-completed operations hazard” as “bodily injury” and “property damage” and contrary language in the endorsement stating the insurance does not apply do “bodily injury” or “property damage” rendered the umbrella policy as “inherently ambiguous.”

Term. of the Parent-Child Rel. of S.B.: U.D. and L.B. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Chad Lindstrom v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Jason Neal v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a blood alcohol content of at least 0.15 percent.

Franklin Allen v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony possession of cocaine within 1,000 feet of a school property.

Terrell Van Causey v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class B felony dealing in cocaine or a narcotic drug; one count of Class D felony maintaining a common nuisance; and one Class A misdemeanor count of possession of marijuana, hash oil or hashish.

In the Matter of C.C., Child in Need of Services; C.C. (Father) v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms adjudication of C.C. as a child in need of services.

Theodore Fuentes v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony residential entry.

Tariq Qureshi and Mehnaz Qureshi v. Richard E. Coulter, Cox/Hammond Realty Group, and Darrell Cox (NFP)
Small claims. Affirms trial court ruling in favor of defendants in a lawsuit involving a failed real estate deal.

Evia Jane Lee v. State of Indiana (NFP)
Criminal. Affirms trial court revocation of probation.

Samantha Richey v. State of Indiana (NFP)
Criminal. Affirms Class A misdemeanor conviction of criminal recklessness.

Patrick Wiese v. State of Indiana (NFP)
Criminal. Affirms on interlocutory appeal the trial court’s denial of a motion to suppress evidence obtained from Wiese’s apartment when police responded to a report of a disturbance.

John C. Kincade, Jr. v. State of Indiana (NFP)
Criminal. Affirms trial court sentence of seven years in prison, with three years executed and the remaining suspended to probation, for convictions of sexual misconduct with a minor and child solicitation.  

Indiana Supreme Court and Indiana Tax Court issued no opinions Monday by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions Monday by IL deadline.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. 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.