ILNews

Opinions, May 11, 2011

May 11, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT