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Opinions Aug. 22, 2014

August 22, 2014
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Indiana Tax Court
Indianapolis Racquet Club, Inc. v. Marion County Assessor
49T10-1201-TA-1
Property tax. Affirms Indiana Board of Tax Review finding that Indianapolis Racquet Club Inc. failed to establish a prima facie case that its 2002 assessments were excessive or that they were not uniform and equal.

Indiana Court of Appeals
Michael W. Cash v. State of Indiana (NFP)
15A01-1402-CR-94
Criminal. Affirms revocation of probation.

Cleveland Walker v. State of Indiana (NFP)
02A03-1312-CR-508
Criminal. Dismisses as untimely filed a motion to correct erroneous sentence.

Erik A. Lenning v. Wendy K. Short (NFP)
49A02-1312-DR-1009
Domestic relation. Affirms order of custody in favor of Wendy K. Short.

Corey A. Craig v. State of Indiana (NFP)
48A04-1311-PC-568
Post conviction. Affirms denial of post-conviction relief.

Tiese Smith v. State of Indiana (NFP)
49A02-1312-CR-1066
Criminal. Affirms conviction of Class A misdemeanor prostitution and Class C misdemeanor public nudity.

Jihand Johnson v. State of Indiana (NFP)
49A02-1401-CR-6
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Elias Terrazas v. Alfonso Menchaca (NFP)
45A03-1309-PL-382
Civil plenary. Affirms in part, reverses in part and remands. Majority affirms judgment in favor of Menchaca on his counterclaim and denial of Terrazas’ request for attorney fees. Reverses determination that Terrazas was entitled to set off half the rent collected after June 2010 against the judgment in favor of Menchaca. Remands to the trial court to correct the amount of judgment in favor of Menchaca and to calculate post-judgment interest owed ot Terrazas. Judge Paul Mathias dissents from the majority conclusion that the agreement between Menchaca and Terrazas is enforceable and from the majority conclusion that Terrazas should not receive credit in the amount of half the rental income Menchaca received.

Sammie L. Booker-El v. State of Indiana (NFP)
48A02-1312-CR-1012
Criminal. Dismisses appeal of child-molesting convictions as an unauthorized successive petition for post-conviction relief.

In Re the Termination of the Parent-Child Relationship of Jac.B., Je.B., Jam.B., M.H., and A.B. (Minor Children) and B.B. (Mother) v. Indiana Department of Child Services (NFP)

33A01-1401-JT-40
Juvenile. Affirms termination of parental rights.

Eddie T. Crider v. State of Indiana (NFP)
79A02-1401-CR-11
Criminal. Affirms denial of a motion to withdraw a guilty plea on a charge of Class A felony dealing in cocaine.


 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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