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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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