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Opinions Dec. 28, 2011

December 28, 2011
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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.
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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