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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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