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Opinions March 19, 2014

March 19, 2014
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Fraternal Order of Eagles #3988, Inc. v. Morgan County Property Tax Assessment Board of Appeals and Morgan County Assessor
49T10-1201-TA-4
Tax. Affirms board of tax review’s determination that the Fraternal Order of Eagles #3988 Inc. was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.

Wednesday’s opinions
Indiana Court of Appeals

Shawn Lawrence Corbally v. State of Indiana
41A04-1304-CR-175
Criminal. Affirms convictions of Class A felony burglary, Class A felony rape, four counts of Class A felony criminal deviate conduct and two counts of Class B felony criminal confinement, but revises Corbally’s 270-year sentence to 165 years. The trial court abused its discretion in admitting the testimony of Greenwood police investigator Patti Cummings as to what victim M.R. told her about the incident, but the admission was harmless. His sentence is so far outside the norm for a single episode of conduct against a single victim that the court choose to reduce it. Judge Robb dissents without opinion in regards to the sentence.

D.C., Jr. v. C.A., J.D.A. and B.A.
48A05-1305-JP-265
Juvenile. Dismisses father D.C. Jr.’s appeal of the order denying his petition for change of custody of his son. The appeal was not timely filed.

Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor, et al. (NFP)
93A02-1301-EX-76
Agency action. Affirms orders of the Indiana Utility Regulatory Commission related to power plant construction costs incurred by Duke Energy Indiana Inc. and a settlement agreement executed by Duke and other settling parties adopted as modified by the commission.

Meredith J. Rowley v. State of Indiana (NFP)
48A05-1307-CR-370
Criminal. Affirms revocation of home detention.

In Re the Guardianship of Anthony J. Panzica, Protected Person, Anthony J. Panzica v. Real Services, Inc. (NFP)
71A04-1309-GU-448
Guardianship. Affirms probate court’s approval of the final accounting that concerned various disbursements by Panzica’s temporary guardian to his wife for medical supplies and other expenses.

David D. Pike v. State of Indiana (NFP)
82A01-1307-CR-321
Criminal. Affirms convictions of Class A felony robbery resulting in serious bodily injury and Class B felony aggravated battery.

In the Matter of the Termination of the Parent-Child Relationship of: J.E. (Minor Child), and C.E. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1309-JT-749
Juvenile. Affirms termination of parental rights.

Justin Whitmore v. South Bend Public Transportation Corporation a/k/a TRANSPO (NFP)
71A03-1306-CT-242
Civil tort. Reverses summary judgment in favor of TRANSPO on Whitmore’s negligence complaint. Remands for further proceedings.

Andrew Whitmer v. State of Indiana (NFP)
71A04-1306-CR-318
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class A felony attempted child molesting.

Mile Djuric v. Eggert Builders, Inc., and Matt Anderson d/b/a Anderson Plastering Co. (NFP)
45A03-1307-CT-275
Civil tort. Affirms summary judgment in favor of Eggert Builders in Djuric’s negligence action against Eggert.

In the Matter of the Termination of the Parent-Child Relationship of: Z.S., K.S., and M.W., (Minor Children), S.S. (Mother) v. The Indiana Department of Child Services (NFP)
82A04-1307-JT-412
Juvenile. Affirms termination of parental rights.

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

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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