ILNews

Opinions Aug. 22, 2011

August 22, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline Friday:
Indiana Tax Court
Virginia Garwood, et al. v. Indiana Dept. of State Revenue
82T10-0906-TA-29
Tax. Grants summary judgment for the Garwoods and denies the Indiana Department of State Revenue’s motion for summary judgment. Holds that the 16 jeopardy assessments issued against the Garwoods for all or part of the 2007 through 2009 tax years are void as a matter of law. The department’s use of the jeopardy assessment procedure against the Garwoods exceeded statutory authority. Orders the department to void all of the jeopardy assessments and take any other actions necessary to give full effect to the order.

Today’s opinions
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Smith Barney, et al. v. StoneMor Operating LLC, et al.
41A04-1103-MF-96
Mortgage foreclosure. Affirms denial of Barney’s motion to compel arbitration. As a matter of law, Independence Trust was not a “successor in interest” to either of the prior trustees and therefore isn’t bound by the arbitration clause in the account agreements. Consequently, there is no basis for compelling StoneMor to arbitrate its claims.

Dennis Perry v. State of Indiana
49A05-1012-CR-774
Criminal. Perry’s ex-girlfriend’s material statements detailing her physical attack and identifying her attacker were admissible pursuant to the medical diagnosis exception to the hearsay rule. Her statements were nontestimonial and did not implicate Perry’s confrontation rights. The trial court erred by admitting prior misconduct evidence involving Perry and the victim and this error warrants reversal and a new trial.  

Robbie J. Bex v. State of Indiana
53A01-1008-CR-422
Criminal. Affirms conviction of and sentence for Class A misdemeanor operating while intoxicated endangering a person. There is no federal constitutional bar to a defendant’s waiver of the presence and participation of one of the six jurors in a criminal trial. The trial court did not abuse its discretion by imposing the public defender fee as a condition of probation without holding a hearing on Bex’s ability to pay because the fees weren’t due until after she completed the executed portion of her sentence. Senior Judge Sullivan dissents in part.

Marc Van Rowland v. State of Indiana (NFP)
79A02-1010-CR-1161
Criminal. Affirms convictions of Class C felony attempted burglary, Class A misdemeanor resisting law enforcement, and an attendant adjudication of being a habitual offender.

Garry Coleman v. Department of Local Government Finance (NFP)
49A02-1101-MI-40
Miscellaneous. Affirms dismissal of wrongful termination complaint.

A.B. v. State of Indiana (NFP)
49A02-1101-JV-142
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony child molesting if committed by an adult.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court accepted five cases on transfer and denied 37 for the week ending Aug. 19, 2011.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

ADVERTISEMENT