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Opinions Dec. 7, 2010

December 7, 2010
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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.
 

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  1. 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.

  2. 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?

  3. 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.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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