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Opinions Dec. 11, 2013

December 11, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Roderick E. Kellam v. Fountain County Assessor
49T10-1211-TA-78
Tax. Reverses the Indiana Board of Tax Review’s final determination denying a homestead standard deduction on Kellam’s Fountain County property for the 2010 tax year. The decision is unsupported by substantial or reliable evidence and the conclusion that the property was not his principal place of residence is contrary to law.  

Wednesday’s opinions
Indiana Court of Appeals

Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corporation
29A02-1302-CT-152
Civil tort. Reverses summary judgment for Duke Realty on Drake’s claim that it intentionally interfered with her partnership agreement with the law firm. The trial court erred when it concluded that Drake had failed to present a genuine issue of material fact as to whether Duke Realty intentionally induced Parr Richey to terminate Drake as a partner. Remands for further proceedings.

John Kader v. State of Indiana, Department of Correction, and The Geo Group, Inc.
33A01-1302-CT-72
Civil tort. Affirms in part, reverses in part and remands with instructions. The trial court abused its discretion when it struck the entirety of Holland’s affidavit, which Kader designated as evidentiary material in response to the motion for summary judgment. The trial court erred when it entered summary judgment against Kader regarding his claims against GEO, except as to Kader’s claim that GEO was negligent in its procurement and supervision of his follow-up medical care. The trial court also erred when it entered summary judgment against Kader on his claim of negligent medical treatment as it pertained to the state and the Department of Correction.

In Re the Paternity of: L.M.J. b/n/f, D.R.D. v C.A.J. (NFP)
34A02-1305-JP-458
Juvenile. Affirms denial of mother’s request for summary judgment on motion for a rule to show cause that father had failed to pay child support beyond his weekly obligation pursuant to the terms of the 1998 order regarding support.

Kelli Alvarez, f/k/a Kelli Galanos v. Horizon Bank, N.A. (NFP)
46A03-1304-CC-155
Civil collection. Dismisses appeal of order denying Alvarez’s motion to correct error challenging the entry of summary judgment in favor of Horizon Bank on a promissory note.

Willie Huguley v. State of Indiana (NFP)
49A02-1305-CR-443
Criminal. Affirms convictions of Class A felony child molesting, sexual intercourse; Class A felony child molesting, deviate sexual conduct; and Class C felony child molesting, fondling.

Joseph A. Harrell v. State of Indiana (NFP)
52A02-1307-CR-576
Criminal. Affirms revocation of probation.

L.M. Zeller, individually, and d/b/a Zeller Elevator Company v. Indiana Fire Prevention and Building Safety Commission (NFP)
82A01-1303-PL-115
Civil plenary. Affirms order affirming the decision of the Indiana Fire Prevention and Building Safety Commission regarding the servicing of elevators.

Kenneth Morton v. State of Indiana (NFP)
64A05-1305-CR-222
Criminal. Affirms sentence for four counts of Class D felony theft.

James B. Studabaker, II v. State of Indiana (NFP)
90A04-1303-CR-126
Criminal. Affirms convictions and sentence for two counts of Class B felony sexual misconduct with a minor.

Julie Marie King v. State of Indiana (NFP)
17A03-1305-CR-186
Criminal. Affirms sentence following guilty plea to aiding in attempted murder as a Class A felony.

Douglas A. Smith v. State of Indiana (NFP)
45A03-1304-CR-154
Criminal. Affirms murder conviction.

Randy Winters v. State of Indiana (NFP)
46A03-1302-CR-59
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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