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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. 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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