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
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
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.
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)
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)
Criminal. Affirms revocation of home detention.

In Re the Guardianship of Anthony J. Panzica, Protected Person, Anthony J. Panzica v. Real Services, Inc. (NFP)
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)
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)
Juvenile. Affirms termination of parental rights.

Justin Whitmore v. South Bend Public Transportation Corporation a/k/a TRANSPO (NFP)
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)
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)
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)
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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...