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Opinions June 19, 2013

June 19, 2013
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The following Indiana Tax Court decision was posted after IL deadline Tuesday:
Vodafone Americas Inc. and Vodafone Holdings LLC v. Indiana Dept. of State Revenue
49T10-1002-TA-7
Tax. Denies Vodafone’s motion for summary judgment for refund of adjusted gross income tax paid during taxable years ending March 31, 2005 – March 31, 2008. The income it received as a partner of Cellco had the character of operational income and was therefore not income in the form of “dividends from investments” under I.C. 6-3-2-2.2(g).

Indiana Court of Appeals
Revas Spencer v. Tiffany Spencer
36A04-1211-PO-605
Protective order. Reverses denial of the agreed order dismissing an order of protection submitted by the Spencers to the trial court. Since the word “shall” appears in the statute regarding the trial court’s actions when the petitioner files for the dismissal of a protection order, the trial court didn’t have the discretion to deny the parties’ request to dismiss the protective order.

Floyd Weddle v. State of Indiana

73A01-1209-CR-452
Criminal. Affirms admission of certain evidence after police officers conducted a protective sweep of Weddle’s residence and subsequently searched the premises following the issuance of a search warrant. The scope of the protective sweep was reasonable because officers heard additional movement after taking Weddle into custody and did locate other people in the house.

Josiah Williams v. State of Indiana

49A02-1211-CR-878
Criminal. Affirms conviction of Class B misdemeanor public intoxication. The evidence of probative value exists from which the trial court as the trier of fact could have found Williams guilty beyond a reasonable doubt of public intoxication.

Natalie Rouse v. State of Indiana (NFP)
02A03-1212-CR-550
Criminal. Affirms conviction of Class C misdemeanor operating a motor vehicle without ever receiving a license.

Jason E. Morales v. State of Indiana (NFP)
87A01-1211-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of: M.W., Minor Child, A Child in Need of Services, E.W., Father v. Indiana Department of Child Services (NFP)

49A05-1210-JC-500
Juvenile. Affirms parental participation order entered as part of the juvenile court’s dispositional order.

Corey L. Mosley v. State of Indiana (NFP)
49A02-1203-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Matlock v. State of Indiana (NFP)
49A02-1209-CR-742
Criminal. Affirms admission of evidence police obtained pursuant to a traffic stop.

Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al. (NFP)
49A05-1202-PL-92
Civil plenary. Affirms summary judgment for Wellpoint’s insurers, who denied coverage for Wellpoint’s defense and settlement of a number of lawsuits against it.

King of Clean Automotive, LLC, v. New Truck Alternative, LLC. (NFP)
29A02-1205-MI-414
Miscellaneous. Affirms the ruling that King of Clean’s mechanic’s liens were not valid and the grant of New Truck Alternative’s petition for replevin.

Erica Battle v. State of Indiana (NFP)
49A02-1211-CR-924
Criminal. Remands with instructions that the trial court vacate two of the three Class C forgery convictions and affirms in all other respects.

Christopher Baxter v. State of Indiana (NFP)

22A01-1210-CR-447
Criminal. Affirms murder conviction and reverses Baxter’s 55-year sentence and remands with instructions to sentence him under the correct statute.

Anthony Houston v. State of Indiana (NFP)
49A05-1208-PC-432
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell (NFP)

71A03-1210-DR-420
Domestic relation. Reverses order that the paternal and maternal grandparents participate in family therapy and the court orders with respect to the division of the marital estate to the extent it failed to allocate Pell grants to Caleb Campbell. Remands for modification of the decree of dissolution consistent with this opinion and affirms in all other respects.

In Re: The Marriage of: Bernard Lee, Jr. v. Jackie Smith (NFP)
30A01-1208-DR-380
Domestic relation. Affirms the court’s custody determination for K.L., reverses the court’s order regarding property division and remands for further proceedings.

Bernard L. Strickland v. State of Indiana (NFP)
71A05-1301-CR-10
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanors resisting law enforcement and possession of paraphernalia and for being a habitual offender.

Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1208-CR-360
Criminal. Affirms denial of motion to correct erroneous sentence.

Christopher A. Fischer v. State of Indiana (NFP)
82A04-1207-CR-382
Criminal. Affirms convictions of Class C felony burglary and Class D felonies receiving stolen property and theft.

Wade R. Meisberger v. State of Indiana (NFP)
53A05-1208-CR-452
Criminal. Affirms revocation of suspended sentence.

Tyris D. Lapsley v. State of Indiana (NFP)
02A03-1211-CR-477
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor operating a vehicle while intoxicated.

James H. Suttle, Jr. v. State of Indiana (NFP)

49A02-1211-PC-906
Post conviction. Affirms denial of petition for post-conviction relief.

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

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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