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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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "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

  4. 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."

  5. 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.

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