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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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