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Opinions, May 11, 2011

May 11, 2011
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7th Circuit Court of Appeals
Bloomfield State Bank v. United States of America
10-3939
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
93A02-1007-EX-853
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
45A03-1006-CR-339
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)

18A02-1010-MH-1090
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)
45A05-1008-CR-472
Criminal. Affirms conviction of and sentence for Class B felony robbery.

Corey J. Kirts v. State of Indiana (NFP)
79A02-1009-CR-1092
Criminal. Affirms sentence following guilty plea to two counts of Class A misdemeanor invasion of privacy.

Andrew Cory v. State of Indiana (NFP)
49A04-1008-CR-566
Criminal. Affirms denial of petition for post-conviction relief.

Rikki L. Vestal v. State of Indiana (NFP)
84A01-1010-CR-526
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)
41A01-1010-CR-581
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Davy Lee Phipps v. State of Indiana (NFP)
48A02-1008-CR-970
Criminal. Affirms revocation of probation.

J.J., et al., Alleged to be CHINS; J.W. & T.J. v. IDCS (NFP)
67A01-1011-JC-610
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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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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