ILNews

Opinions Dec. 28, 2011

December 28, 2011
Keywords
Back to TopE-mailPrintBookmark and Share


The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Metropolitan School District of Pike Township v. Indiana Department of Local Government Finance
49T10-1103-TA-21
Tax.  Reverses the Department of Local Government Finance’s final determination on the school district’s capital project fund level property tax rate for 2011. The DLGF did not properly apply the formula in Indiana Code 6-1.1-18-12(e) when it adjusted Pike Township school district’s capital projects fund levy property tax rate. The DLGF’s use of negative numbers in steps two and four of the formula for tax years 2007 through 2010 to produce a CPF levy property tax rate calculation for 2011 is wrong: it should have used zeros as it was statutorily required. Remands to the DLGF with instructions to recalculate the school district’s CPF levy property tax rates for 2007 through 2010 by using zero values instead of negative values in steps two and four of the formula contained in Indiana Code 6-1.1-18-12(e). These corrections will result in both a step one and a step seven value for 2011 of 0.3100.

Wednesday’s opinions
7th Circuit Court of Appeals

United States of America v. George Pabey
11-2046
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms Pabey’s convictions of conspiring to embezzle government funds and embezzling government funds and sentence of 60 months in prison, along with a $60,000 fine, $14,000 in restitution, and three years of supervised release. The District Court did not abuse its discretion by permitting the jury to receive the conscious avoidance instruction. The sentence enhancements were appropriate and the District Court provided adequate support for its upward departure of his sentence.

Indiana Court of Appeals
Michael Collier v. State of Indiana
49A04-1105-CR-229
Criminal. Reverses conviction of Class D felony resisting law enforcement. The trial court erred in denying Collier’s request for a mistrial pursuant to Batson. Remands for a new trial.

Kimberly Heaton v. State of Indiana
48A02-1104-CR-404
Criminal. Reverses revocation of probation and orders Heaton serve 18 months of her previously suspended sentence in the Indiana Department of Correction. The trial court abused its discretion by using the incorrect legal standard in determining if Heaton committed another offense. Remands to the trial court to use the correct legal standard.

Adrian Collins v. State of Indiana (NFP)
49A02-1106-CR-523
Criminal. Affirms conviction of Class C felony battery.

Terrence Terren Walker v. State of Indiana (NFP)
79A04-1104-CR-266
Criminal. Affirms Class A felony dealing cocaine conviction and habitual offender finding and remands with instructions to merge Walker’s Class A felony cocaine possession conviction into his cocaine dealing conviction.

Douglas L. Hayden v. State of Indiana (NFP)
09A02-1105-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.

Sheila Taylor v. State of Indiana (NFP)
15A01-1106-CR-238
Criminal. Affirms denial of motion to dismiss charges of theft and fraud on a financial institution.

Kevin Backus v. State of Indiana (NFP)
79A04-1105-CR-276
Criminal. Affirms sentence imposed upon revoking placement in community corrections.

Todd Brown v. State of Indiana (NFP)
49A02-1106-CR-474
Criminal. Affirms convictions of Class D felonies criminal recklessness and strangulation.

D.E. v. State of Indiana (NFP)
49A04-1106-JV-286
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony receiving stolen property if committed by an adult.

A.T. v. State of Indiana (NFP)
64A03-1010-CR-539
Criminal. Affirms that A.T.’s trial counsel was not ineffective.

Allison Johnson v. State of Indiana (NFP)
49A05-1106-CR-266
Criminal. Affirms conviction of Class A misdemeanor battery.

Term. of Parent-Child Rel. of A.W.; N.W. (Mother) v. Indiana Dept. of Child Services (NFP)
48A02-1105-JT-416
Juvenile. Affirms involuntary termination of parental rights.

Kevin Hounshell v. State of Indiana (NFP)
33A01-1105-CR-208
Criminal. Affirms sentence following guilty plea to operating a vehicle as a habitual traffic violator, operating a vehicle while intoxicated and a habitual substance offender enhancement.

The Term. of the Parent-Child Rel. of: D.H.H. & A.M.H., and Carrie Crawford v. Indiana Dept. of Child Services (NFP)
71A03-1107-JT-322
Juvenile. Affirms involuntary termination of parental rights.

Larry A. Rowe, Jr. v. State of Indiana (NFP)
90A02-1106-CR-518
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Joshua Baker v. Robert Brown (NFP)
68A05-1103-CT-122
Civil tort. Reverses denial of Baker’s motion to correct error and concluded the jury award to Baker was inadequate. Remands for further proceedings.

John T. Hamilton v. State of Indiana (NFP)
10A05-1103-CR-205
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting and three counts of Class C felony child molesting.

Walter Angermeier and Wolflin, LLC v. Schultheis Insurance Agency Inc. and William Thompson, Agent (NFP)
65A01-1102-PL-68
Civil plenary. Affirms summary judgment in favor of Thompson and Schultheis Insurance Agency on whether there was a breach of general duty of care.

John R. Crawford v. State of Indiana (NFP)
62A04-1102-PC-128
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT