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Opinions Dec. 9, 2013

December 9, 2013
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Indiana Court of Appeals
Lagro Township and Karen Pinkerton Tatro v. George E. Bitzer and Zelma E. Bitzer
85A02-1306-PL-520
Civil plenary. Affirms summary judgment for the Bitzers on Lagro Township’s action seeking to exercise control over an area of land referred to as “the Belden Cemetery,” which is located on land owned by the Bitzers. The statute authorizing a township trustee to exercise control over cemeteries located within the township is inapplicable where the cemetery is located on land on which property taxes have been paid. And here, even though there was a genuine issue of material fact with regard to whether and to what extent the dedication of the Belden Cemetery to the public was accepted by the public through usage, there is no genuine issue of material fact with regard to the Bitzers’ payment of property taxes on the land on which the Belden Cemetery is located for decades. For this reason alone, the township’s claims of authority over the Belden Cemetery must fail.

John Aaron Schoultz III v. State of Indiana (NFP)
36A01-1301-CR-9
Criminal. Affirms convictions of two counts of Class A felony conspiracy to commit murder and 40-year sentence.

Jacob Phipps v. State of Indiana (NFP)
48A05-1303-CR-129
Criminal. Affirms order revoking probation and order Phipps serve the entirety of his previously suspended sentence.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.R., Minor Child and His Father, V.R. v. Marion County Department of Child Services and Child Advocates, Inc (NFP)
49A04-1304-JT-156
Juvenile. Affirms involuntary termination of father’s parental rights.

Edward R. Hoffman v. State of Indiana (NFP)
18A02-1307-PC-587
Post conviction. Affirms denial of petition for post-conviction relief.

Jon Alan Young v. State of Indiana (NFP)
18A05-1303-CR-125
Criminal. Affirms 30-month sentence following guilty plea to Class D felony strangulation.

Willie L. Montgomery v. State of Indiana (NFP)
82A05-1305-CR-246
Criminal. Dismisses on interlocutory appeal the denial of motion to dismiss a charge that Montgomery failed to register as a sex or violent offender.

Pamela J. (McConnell) Neal v. David A. McConnell (NFP)
33A01-1305-DR-202
Domestic relation. Affirms modification of child custody, reverses modification of child support and remands for proceedings consistent with the opinion.

Lori A. Cissom v. Review Board of the Indiana Department of Workforce Development and Supreme Indiana Operations, Inc (NFP)
93A02-1304-EX-404
Agency action. Affirms denial by the Review Board of the Indiana Department of Workforce Development of Cissom’s request to reinstate appeal of denial of claim for unemployment benefits.

Joshua Wilson v. State of Indiana (NFP)
33A01-1305-CR-205
Criminal. Affirms sentence following guilty plea to Class D felony theft and Class B misdemeanor criminal mischief.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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