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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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