Opinions, May 11, 2011

May 11, 2011
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7th Circuit Court of Appeals
Bloomfield State Bank v. United States of America
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Civil. Reverses summary judgment for the government in the bank’s suit that rent collected on a property in which the bank provided the mortgage should to the bank, not to the IRS to go toward a tax lien. The real estate that generated the rental income at issue in this case existed when the mortgage was issued and thus before the tax lien attached; the rental income was proceeds of that property, which preexisted the tax lien. Remands with directions to enter judgment for the bank.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

A.Y. v. Review Board
Civil. Reverses dismissal of A.Y.’s appeal challenging the determination she was ineligible for unemployment benefits. If A.Y. indeed called the administrative law judge’s office during the time allotted for her telephonic hearing, then she has shown good cause for reinstatement of her appeal. Remands to the review board for a finding as to whether A.Y. called the office during the time allotted for her hearing, and if so, then the review board shall reinstate her appeal.

Walter Lee Liddell v. State of Indiana
Criminal. Affirms convictions of rape, criminal confinement, battery, criminal deviate conduct, intimidation, sexual battery, and theft. Finds an insufficient showing of misconduct by the state to mandate exclusion of a witness, Liddell was able to depose the witness and cross-examine him, and Liddell doesn’t identify any specific, responsive measures that he was prevented from taking and that he would have pursued had the court granted a more substantial continuance.

Involuntary Commitment of J.K. (NFP)

Mental health. Affirms decision to change temporary involuntary commitment for mental health reasons to a regular commitment.

Terrell Bryant Nelson v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony robbery.

Corey J. Kirts v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to two counts of Class A misdemeanor invasion of privacy.

Andrew Cory v. State of Indiana (NFP)
Criminal. Affirms denial of petition for post-conviction relief.

Rikki L. Vestal v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and order Vestal serve the entirety of her suspended sentence in the Indiana Department of Correction.

Jeffrey S. White v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Davy Lee Phipps v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

J.J., et al., Alleged to be CHINS; J.W. & T.J. v. IDCS (NFP)
Juvenile. Affirms finding that children are children in need of services.

Indiana Tax Court had posted no opinions at IL deadline.


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