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Opinions Dec. 22, 2010

December 22, 2010
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The following opinions were posted after IL deadline:
Indiana Tax Court
Virginia Garwood, et al. v. Indiana Dept. of State Revenue
82T10-0906-TA-29
Tax. Denies the Department of Revenue’s motion to dismiss. The Garwoods’ action is an original tax appeal, so the Tax Court denies all of the department’s 12(B) claims for a motion to dismiss.

Indiana Court of Appeals
Indiana Dept. of Insurance, et al. v. Robin Everhart
84A01-0912-CV-614
Civil. Judge Robb dissents to the order denying petition for rehearing. Believes Restatement (Second) of Torts Section 323 should not be applied, as was done in the original opinion.

Today’s opinions
7th Circuit Court of Appeals
Trinity Homes LLC and Beazer Homes Investments LLC v. Ohio Casualty Insurance Company and Cincinnati Insurance Company
09-3613
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Civil. Reverses District Court’s grant of summary judgment in favor of the insurers on the homebuilders’ suit alleging breach of contract and seeking a declaration that all of the insurers had a duty to provide coverage. The precedential landscape has changed regarding the claim against Ohio Casualty. Remands for reconsideration in light of Sheehan. The District Court’s interpretation of the contract between Cincinnati Insurance and Beazer was erroneous. Declines to reach the question of whether any exclusions or limitations in Cincinnati’s policy apply to Beazer’s claim, leaving that for further proceedings on remand.


Indiana Supreme Court
Andres Sanchez v. State of Indiana
20S04-1012-CR-692
Criminal. Revises Sanchez’s consecutive enhanced sentences of 80 years for three counts of Class A felony child molesting to be served concurrently. Generally, multiple victims justify the imposition of enhanced and consecutive sentences. But although the aggravating circumstances are sufficient to warrant imposing enhanced sentences, the record supports imposing consecutive sentences. Revises sentence to 30 years on two of the counts and to the enhanced term of 40 years on the remaining count and orders they be served concurrently. Justice Rucker dissents.

Indiana Court of Appeals
Oscar I. Belmares-Bautista v. State of Indiana
57A04-1003-CR-223
Criminal. Affirms convictions of possession of a counterfeit government-issued identification, a Class A misdemeanor; and operating a vehicle without ever having received a valid license, a Class C misdemeanor. The only issue is whether Belmares-Bautista knowingly, voluntarily, and intelligently waived his right to counsel. The counterfeit identification was what appeared to be a driver’s license from the state of Aguascalientes, Mexico, which an officer identified as a forgery.

Robert Neises Construction Corp. v. Grand Innovations Inc., et al.
45A03-1004-PL-238
Civil. Affirms trial court’s grant of summary judgment in favor of appellee-defendant Kentland Bank in this foreclosure action. Neises presented the following issues: whether the trial court erred when it concluded that Kentland’s expenditures to protect the subject real estate from damage pending the foreclosure should take priority over Neises’ and others’ mechanic’s liens; and whether the trial court erred when it did not assign Neises’ mechanic’s lien a higher priority than Kentland’s mortgage lien in the distribution of the proceeds from the sheriff’s sale.

Tracey L. Beswick and Ruthie Beswick v. Edward E. Bell, M.D., and Floyd Memorial Hospital & Health Services
22A01-1005-CT-260
Civil. Affirms trial court’s order granting summary judgment in favor of Floyd Memorial Hospital and Health Services in the medical malpractice action that Tracey L. Beswick and his wife Ruthie Beswick brought against Edward E. Bell, M.D. and Floyd Memorial. Beswicks raised the issue of whether the trial court erred by striking the affidavit of Michael Roback, M.D., submitted by the Beswicks in opposition to Floyd Memorial’s motion for summary judgment.

Glendal Rhoton v. State of Indiana
49A02-1004-CR-446
Criminal. Affirms convictions of murder and burglary as a Class C felony, and the sentences imposed following a jury trial. Rhoton presented three issues for review: whether trial court abused its discretion when it instructed the jury on burglary; whether the evidence was sufficient to support Rhoton’s conviction of murder; whether Rhoton’s sentence was inappropriate in light of the nature of the offenses and his character.

Mark R. Eiler v. State of Indiana
73A04-1005-CR-369
Criminal. Reverses and remands Eiler’s sentence for dealing cocaine as a Class A felony. Eiler raised the issues of whether the trial court abused its discretion in sentencing Eiler, and whether Eiler’s sentence was inappropriate in light of the nature of the offense and the character of the offender.

Francisco Contreras v. State of Indiana (NFP)
49A02-1004-CR-426
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts of Class C felony child molesting.

Ryan T. Renfroe v. State of Indiana (NFP)
40A01-1002-CR-96
Criminal. Affirms Renfroe’s aggregate executed sentence of 124 years after he pled guilty to two counts of murder and one count of Class C felony escape.

Clarence E. Lampkins v. State of Indiana (NFP)
29A05-1005-CR-373
Criminal. Reverses and remands conviction of possession of a firearm by a serious violent felon as a Class B felony.

Allen Marshall v. Kris Marshall (NFP)
85A03-1005-DR-289
Civil. Reverses and remands trial court’s order that emancipated father’s daughter.

Thomas M. Blair v. State of Indiana (NFP)
45A04-1005-CR-295
Criminal. Affirms conviction, following a jury trial, of burglary as a Class B felony.

James A. Nelson v. Michael Collins (NFP)
26A01-1007-PL-329
Civil. Remands with instructions for the trial court to dismiss Nelson’s complaint without prejudice.

In the Matter of T.O., et al.; J.O. v. Indiana Dept. of Child Services (NFP)
85A04-1006-JC-407
Juvenile. Affirms juvenile court’s order determining that T.O., S.O., B.O., R.O., Z.O., E.O., and G.O. were children in need of services.

Larrell Alexander v. State of Indiana (NFP)
34A04-1003-CR-250
Criminal. Affirms convictions of and sentence for dealing in cocaine, a Class B felony, and resisting law enforcement, a Class A misdemeanor.

Termination of Parent-Child Relationship of G.B., et al.; G.B. & B.B. v. Indiana Dept. of Child Services (NFP)
42A05-1005-JT-318
Juvenile. Reverses and remands with instructions trial court’s order terminating mother’s parental rights over her minor children G.B., K.B., and E.B.

Jerry Bunton v. State of Indiana (NFP)
49A02-1006-CR-600
Criminal. Affirms conviction of theft, a Class D felony, following a jury trial.

Eric Guess v. State of Indiana (NFP)
49A05-1004-PC-281
Post conviction. Affirms denial of petition for post-conviction relief.

Jeffrey D. Boggs v. State of Indiana (NFP)
40A01-1004-CR-163
Criminal. Affirms conviction of escape as a Class C felony, and eight-year executed sentence.

Mark Richmond v. State of Indiana (NFP)
45A03-0607-CR-293
Criminal. Affirms 93-year aggregate sentence imposed following convictions of rape, a Class B felony; criminal deviate conduct, a Class B felony; burglary, a Class B felony; and confinement, a Class D felony, as well as the finding that he is a habitual offender.

D.R. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1005-EX-522
Civil. Affirms a decision by the Review Board of the Indiana Department of Workforce Development that denied D.R.’s unemployment benefits.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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