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Opinions June 9, 2014

June 9, 2014
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The following opinions were posted after IL deadline June 6:
7th Circuit Court of Appeals

Matthew Whitfield v. International Truck and Engine Corp.
13-1876
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms in part and reverses in part ruling in favor of International Truck and Engine Corp. on Whitfield’s action alleging discrimination in failure to hire and violations of the Civil Rights Act. The District Court ignored some evidence or made conclusions not supported by the evidence. Remands for further proceedings.

Indiana Tax Court
Housing Partnerships, Inc. v. Tom Owens, Bartholomew County Assessor
49T10-1005-TA-23
Tax. Affirms Indiana Board of Tax Review’s holding that for the 2006 tax year, Housing Partnerships Inc. failed to show that its rental properties qualified for the charitable purposes exemption provided in I.C. 6-1.1-10-16. Housing Partnerships has not demonstrated that the final determination is arbitrary, capricious, an abuse of discretion or contrary to the law.

June 9
Indiana Court of Appeals

Michael Dustin Moore v. State of Indiana (NFP)
47A01-1308-CR-350
Criminal. Affirms conviction of Class B felony dealing in a Schedule I controlled substance.

Jarod G. Allred v. State of Indiana (NFP)
65A01-1309-CR-393
Criminal. Reverses two convictions of Class B felony dealing in a Schedule III controlled substance. Judge Bailey dissents.

Nathaniel Baston v. State of Indiana (NFP)
85A05-1311-CR-559
Criminal. Affirms revocation of probation.

In the Matter of the Adoption of H.S. and D.S., R.S. v. V.C. and M.C. and D.S. and S.S. (NFP)
85A02-1311-AD-996
Adoption. Affirms order granting petitions to adopt H.S. and D.S.

In the Matter of Commitment of E.L., E.L. v. Indiana University Health-Bloomington Hospital and Terri Klingelhoefer, MA, LSW (NFP)
53A05-1311-MH-571
Mental health. Dismisses appeal of temporary involuntary commitment since the commitment ended Jan. 13.

Bageera Taylor, Jr. v. State of Indiana (NFP)
76A04-1307-CR-328
Criminal. Reverses sentence for Class D felonies strangulation and residential entry and remands for further proceedings. Judge Robb dissents.

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions Monday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Monday before IL deadline.

 

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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