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.














vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.