ILNews

Opinions Aug. 20, 2012

August 20, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline Friday:

Indiana Tax Court

Wireless Advocates, LLC v. Indiana Department of State Revenue
49T10-1109-TA-60
Tax. Denies the Indiana Department of State Revenue’s motion to dismiss for failure to state a claim upon which relief may be granted. Wireless Advocate’s petition, which was originally filed by a member of the company instead of an attorney, does not deserve the terminal result of dismissal. The department must file its answer within 30 days.

Monday’s opinions
7th Circuit Court of Appeals

Joshua Resendez v. Brian Smith
11-1121
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal of petition for writ of habeas corpus, in which Resendez claimed the state denied him his constitutional right to counsel in a sentence correction proceeding under I.C. 35-38-1-15.  His claims may not be presented via that statute as his motion is a collateral challenge to his sentence.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
James E. True v. State of Indiana (NFP)
24A01-1110-CR-532
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy due to double jeopardy violation and orders conviction vacated. Affirms conviction of Class D felony residential entry.

Cynthia Sue Damron v. GMAC Mortgage, LLC (NFP)
20A03-1110-MF-514
Mortgage foreclosure. Affirms denial of Damron’s Indiana Trial Rule 60(B) motion for relief from judgment and subsequent motion to correct error.

In Re the Paternity of A.W., T.W. v. J.P. (NFP)
68A05-1202-JP-59
Juvenile paternity. Affirms order granting father J.P. custody.

James Johns v. Pike County Commissioners (NFP)
63A01-1112-MI-607
Miscellaneous. Affirms judgment on the pleadings as to Johns’ claim concerning a road closure agreement and dismisses the rest of the appeal as moot.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT