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Opinions Aug. 20, 2012

August 20, 2012
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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.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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