ILNews

Opinions Dec. 7, 2010

December 7, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after yesterday’s deadline:

Indiana Tax Court

Shelby County Assessor v. Shelby’s Landing-II, LP (NFP)
49T10-1004-TA-17
Tax. Affirms the final determination of the Indiana Board of Tax Review that valued Shelby’s Landing - II LP’s two apartment complexes at $3,742,500 for the 2006 tax year (the year at issue). At issue was whether the Indiana Board’s final determination was arbitrary and capricious or not supported by substantial evidence.

Today’s opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

M.S. v. C.S.
03A01-1003-DR-140
Domestic relation. Affirms trial court’s order to vacate a previous order granting M.S. joint legal custody of and parenting time with S.S., a child born to C.S., M.S.’s former domestic partner of more than 10 years. M.S. appealed and raised three issues: whether the trial court erred in vacating its prior custody and visitation order; whether the trial court abused its discretion by modifying custody of S.S. without a petition to modify or a showing of a substantial change in circumstances; and whether the trial court abused its discretion in denying M.S. parenting time.

Nikki Brindle v. Patrick J. Arata
02A05-1004-SC-239
Small claims. Reverses and remands trial court’s determination that certain funds in Brindle’s bank account that were from a student loan were subject to attachment to satisfy a judgment in favor of appellee-plaintiff Patrick Arata. Appellate court concludes that student loan funds at issue here may not be attached to satisfy a judgment.

Term. of Parent-Child Rel. of J.S.O.; S.O. v. Indiana Department of Child Services
64A05-1005-JT-304
Juvenile. Reverses trial court’s involuntary termination of father’s parental rights to his minor child. Majority of appellate court panel concluded the trial court’s order violated the father’s due process rights because the Porter County division of IDCS was aware of his whereabouts, even though the father was in jail and the child had been removed from the mother’s care.

Donald E. Williams v. State of Indiana
49A05-1004-CR-224
Criminal. Affirms revocation of placement in home detention. Williams raised one issue: whether the trial court abused its discretion by admitting a urinalysis report and a home detention monitoring report into evidence.

Paul Schulz v. Karen Spoor (NFP)
64A03-1005-PO-316
Protective order. Affirms order of protection against Schulz that Spoor filed against him.

Brian K. Ruby v. State of Indiana (NFP)
34A02-1007-CR-730
Criminal. Affirms convictions of Class A felony dealing methamphetamine, Class A felony dealing cocaine, Class B felony dealing a schedule III controlled substance, Class C felony dealing in a schedule IV controlled substance, and Class A misdemeanor possession of marijuana.

Billy J. Lemond v. Allan Finnan, et al. (NFP)
48A02-1005-SC-595
Small claims. Reverses and remands small claims court’s dismissal of Lemond’s claim against the Pendleton Correctional Facility. The appellate court concluded Lemond had a sufficient claim against PCF, but not the individual employees.

Erica Williams-Darden v. State of Indiana (NFP)

71A03-1005-CR-268
Criminal. Affirms sentence imposed after Williams-Darden pleaded guilty to theft, a class D felony; and battery, a class B misdemeanor.

State of Indiana Department of Family Services, et al. v. J.D., et al. (NFP)
82A04-1006-CT-364
Civil tort. Reverses and remands trial court’s order denying Vanderburgh County Prosecutor’s Office’s motion to set aside the default judgment entered in favor of the appellees-plaintiffs on the appellees’ complaint against VCPO and other defendants. Concludes VCPO met its burden under Trial Rule 60.

Scott R. Jones v. State of Indiana (NFP)
48A02-1006-PC-668
Post-conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.

Christopher Edwards v. State of Indiana (NFP)
27A02-1002-CR-138
Criminal. Affirms convictions of Class B felony causing death while operating a motor vehicle with an alcohol concentration equivalent greater than 0.08 and Class B felony causing death while operating a motor vehicle with cocaine in the blood.

Jose Caballero v. State of Indiana (NFP)
49A02-1003-CR-367
Criminal. Affirms convictions of Class B felony criminal confinement, Class C felony battery, and Class A misdemeanor battery.

Carol Long-Switalski v. Wendeline Switalski (NFP)
71A05-1004-CC-270
Civil. Reverses and remands for recalculation of Wendeline’s damages to exclude charges from restaurants, gas stations, and convenience stores, which he authorized Carol to make on his credit card.

Ronald Cox v. State of Indiana (NFP)
49A02-1005-CR-494
Criminal. Affirms conviction of Class C felony prisoner possessing dangerous device or material.

Rick J. Deeter v. Haynes International, Inc. (NFP)
34A02-1004-PL-395
Civil. Affirms trial court’s order granting the motion to dismiss filed by Haynes International, Inc.

Emilio Mitchell v. State of Indiana (NFP)
49A02-1005-CR-480
Criminal. Affirms conviction of resisting law enforcement, a Class D felony.

Elbert Wright v. State of Indiana (NFP)
49A02-1004-CR-440
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class D felony.

Jeffrey Leonard McCrory v. State of Indiana (NFP)
48A05-1003-CR-177
Criminal. Affirms convictions of and sentence for burglary, a Class B felony; and theft, a Class D felony.

Porter County Board of Zoning Appeals v. Lamar Advertising Northwest Indiana (NFP)
64A04-1003-PL-186
Civil. Affirms trial court’s approval of an improvement location permit sought by Lamar Advertising Northwest Indiana.

Keith Billingsley v. State of Indiana (NFP)
49A05-1003-PC-207
Post-conviction. Affirms denial of petition for post-conviction relief.

Charles J. Gooch v. State of Indiana (NFP)
49A02-1004-CR-382
Criminal. Affirms conviction of dealing in a controlled substance, a Class B felony.

Indiana Tax Court posted no opinions before IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

ADVERTISEMENT