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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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