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Opinions Jan. 24, 2014

January 24, 2014
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Indiana Tax Court
William W. Thorsness v. Porter County Assessor
49T10-1102-TA-14
Tax. Affirms final determination of the Indiana Board of Tax Review regarding Thorsness’ 2007 real property assessment. The burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) and its progeny applies only to valuation challenges, not to uniform and equal constitutional challenges. Concludes that the Indiana Board of Tax Review did not err by determining that Thorsness’ ratio study did not demonstrate that the assessor’s assessment lacked uniformity.

Indiana Court of Appeals
Saral Reed and Durham School Services, Inc. v. Richard Bethel
49A02-1301-CT-9
Civil. Affirms a $3.9 million jury verdict in favor of Richard Bethel, who was struck by a school bus as he rode a bicycle to school. The appellate panel held that Reed and Durham were not deprived of a fair trial, that evidence the jury considered was properly admitted, and that the jury’s damages award is supported by evidence in the record.

State Farm Mutual Automobile Insurance Company v. Kimberly S. Earl and The Estate of Jerry Earl
36A05-1212-CT-635
Civil. Reverses a trial court award of $250,000 in favor of Earl and the estate and remands for a new trial, holding in a 2-1 opinion that evidence of the limits for an uninsured motorist policy was prejudicial to State Farm and should be ruled inadmissible as has been done in states such as Florida and Nebraska. Judge Patricia Riley dissents and would affirm the trial court, writing that prejudicial error is not established merely because the jury awarded the policy limit, but rather the jury awarded the policy limit in light of overwhelming evidence.

Jeffrey A. Cleary v. State of Indiana
45A03-1212-CR-518
Criminal. Affirms conviction of Class B felony causing death when operating a vehicle with a blood-alcohol content over 0.15 and various lesser counts for which a 14-year sentence was imposed. The court rejected Cleary’s claim that his conviction in a retrial after a judge denied his request for a directed verdict constituted double jeopardy. Judge Terry Crone dissented, finding that the court should have entered judgment on a conviction of a misdemeanor drunken-driving charge after Cleary’s first trial, and that the retrial was a violation of his Article I, Section 14 protections against double jeopardy under the Indiana Constitution.

Roberta Himes v. Bruce Thompson (NFP)
71A05-1305-CT-210
Civil. Affirms jury damages verdict of $13,600 in favor of Roberta Himes resulting for an auto collision.

Jess G. Revercomb, Sr. v. Yellow Book Sales and Distribution Company, Inc. (NFP)
49A02-1305-CC-447
Collection. Affirms trial court judgment that Revercomb assumed liability as both a corporate representative and a personal guarantor when he signed advertising contracts with Yellow Book on behalf of a construction company.

Randall Capatina v. State of Indiana (NFP)
02A03-1304-CR-131
Criminal. Affirms four-year executed sentence for conviction of Class C felony disarming a law-enforcement officer.
 
Jerry Dillon v. State of Indiana, Burton A. Padove, Laurie Leber, and Patricia Pitcher (NFP)
45A05-1304-CT-165
Civil tort. Affirms dismissal of Dillon’s complaint.

Jason Halcomb v. State of Indiana (NFP)
69A01-1306-CR-280
Criminal. Affirms conviction of two counts of Class A felony child molesting and 40-year sentence. Judge Elaine Brown dissents, finding the sentence inappropriate in light of the nature of the offenses and Halcomb’s character, and would sentence him to no more than the advisory term.

Wesley Lee v. State of Indiana (NFP)
49A02-1305-CR-467
Criminal. Affirms revocation of probation.

In the Matter of: N.W. (minor child), a Child in Need of Services; A.B. (Mother) and No.W. (Father) v. The Indiana Department of Child Services (NFP)
53A04-1307-JC-335
Juvenile. Affirms determination that N.W. is a child in need of services.

Timothy Michael v. Gene Chandler (NFP)
20A04-1306-SC-300
Small claims. Affirms judgment of $5,697.50 in favor of Chandler.

Michael Sakha v. State of Indiana (NFP)
49A02-1305-PC-425
Post conviction. Affirms denial of post-conviction relief from a 50-year sentence for Class A convictions of attempted murder, attempted robbery and misdemeanor carrying a handgun without a license.

Carlton Hillman v. State of Indiana (NFP)
49A05-1305-CR-241
Criminal. Affirms conviction of Class A felony dealing in cocaine and Class B felony dealing in a narcotic drug.

In the Matter of the Termination of the Parent-Child Relationship of: O.M. and T.M. (Minor Children), and B.M. (Father) v. The Indiana Department of Child Services (NFP)
42A01-1303-JT-152
Juvenile. Affirms termination of parental rights.

Indiana Supreme Court issued no opinions by IL deadline.
7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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