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.














Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.