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)
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.
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
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
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
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)
Protective order. Affirms order of protection against Schulz that Spoor filed against him.

Brian K. Ruby v. State of Indiana (NFP)
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)
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)

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)
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)
Post-conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.

Christopher Edwards v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms conviction of Class C felony prisoner possessing dangerous device or material.

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

Emilio Mitchell v. State of Indiana (NFP)
Criminal. Affirms conviction of resisting law enforcement, a Class D felony.

Elbert Wright v. State of Indiana (NFP)
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class D felony.

Jeffrey Leonard McCrory v. State of Indiana (NFP)
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)
Civil. Affirms trial court’s approval of an improvement location permit sought by Lamar Advertising Northwest Indiana.

Keith Billingsley v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.

Charles J. Gooch v. State of Indiana (NFP)
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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...