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Opinions June 25, 2014

June 25, 2014
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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.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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