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
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
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
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.
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
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
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)
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)
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)
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)
Criminal. Reverses denial of motion to withdraw guilty plea and remands for a hearing.

John A. Gall v. State of Indiana (NFP)
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)
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)
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)
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)
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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.