ILNews

Opinions June 25, 2014

June 25, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
The Speedway Public Library v. Indiana Department of Local Government Finance
49T10-1103-TA-22
Tax. Affirms the Department of Local Government Finance’s final determination rejecting the appropriations and levies associated with the library’s 2011 budget and decision to reinstitute the appropriations and levies associated with the 2010 budget. Public notice of the town council’s Sept. 13 meeting was statutorily required.  

Wednesday’s opinions
Indiana Court of Appeals
Lloyd J. Diehl v. Larry J. Clemons
45A04-1309-CT-460
Civil tort. Reverses order granting Clemons’ motion to correct error, following a jury trial, and ordering a new trial on the question of damages owed by Diehl to Clemons. The trial court should have held an evidentiary hearing on the question of juror bias instead of ordering a new trial. Remands for hearing.

Jereme Lee Wall v. Alfred H. Plummer, III
85A02-1311-MI-976
Miscellaneous.  Affirms denial of petition to expunge the records of Wall’s Class C felony criminal mischief conviction. Wall admitted violating the terms of his probation, and by doing so he failed to successfully complete his sentence.

White County Board of Commissioners v. Y.M.C.A. Camp Tecumseh, Inc.
08A04-1401-MI-17
Miscellaneous. Reverses determination that Carroll County is a preferred venue in this case. Carroll County is not a preferred venue, so the trial court erred in denying the motion to transfer to White County. Remands for the trial court to grant White County Board of Commissioner’s motion to transfer.

Hugo Torres v. City of Hammond and City of Hammond Board of Public Works and Safety
45A03-1306-PL-205
Civil plenary. Reverses decision upholding an order by the city of Hammond Board of Public Works and Safety to demolish Torres’ house. Torres did not have the benefit of an impartial decision-maker in the proceeding that ordered demolition of his property.

In re the Estate of Ruth M. Rupley, Charles A. Rupley v. Michael L. Rupley
71A05-1306-ES-288
Estate. Reverses order finding the balance of a promissory note executed by Charles Rupley and his mother, Ruth Rupley, is an asset of her estate. Finds Transfer on Death Property Act retroactively applies and the promissory note is not an asset of the estate. Judge Riley dissents in part.

Centier Bank v. 1st Source Bank (NFP)
64A03-1309-MF-356
Mortgage foreclosure. Affirms summary judgment for 1st Source on its complaint to foreclose on a mortgage it held.

Braunel Mackey v. State of Indiana (NFP)
49A02-1310-CR-873
Criminal. Affirms 15-year sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company (NFP)
64A04-1311-PL-555
Civil plenary. Affirms grant of motion for costs and attorney fees filed by Western-Southern Life Assurance Co. in a bad-faith action filed by the Cashners concerning the disbursement of proceeds from a life insurance policy.

Brian Earl Smith v. State of Indiana (NFP)
50A05-1308-CR-444
Criminal. Reverses denial of motion to withdraw guilty plea and remands for a hearing.

John A. Gall v. State of Indiana (NFP)
48A02-1309-CR-769
Criminal. Affirms revocation of probation.

In Re the Marriage of Russell C. Best and Mariea L. Best, Mariea L. Best v. Russell C. Best (NFP)
06A04-1401-DR-46
Domestic relation. Affirms enforcement of an October 2011 Mediated Agreed Entry, wherein the parties agreed that Russell Best would serve as guardian to 19-year-old daughter M.B., who has Down Syndrome.

Gwayne Slater v. State of Indiana (NFP)
49A02-1311-CR-987
Criminal.  Affirms sentence for Class B felony possession of a firearm by a serious violent felon and Class A misdemeanor possession of marijuana.

In the Matter of the Civil Commitment of M.S. v. Gallahue Mental Health Services (NFP)
49A02-1311-MH-939
Mental health. Affirms temporary commitment order.

Ronald A. Manley v. State of Indiana and Bruce Lemmon, In his official capacity as Commissioner of the Indiana Department of Correction (NFP)
33A01-1310-MI-458
Miscellaneous. Affirms dismissal of Manley’s motion for a temporary injunction to exempt him from participating in the Indiana Sex Offender Management and Monitoring Program.

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

ADVERTISEMENT