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Opinions May 12, 2011

May 12, 2011
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Indiana Supreme Court
State ex rel. Gregory F. Zoeller v. Aisin USA Manufacturing, Inc.
36S01-1009-CV-469
Civil. Holds the attorney general’s attempt to recover a “tax refund” from Aisin in Jackson Superior Court may proceed. It does not arise under the tax laws because the “refund” was the result of accounting and clerical errors with in the Department of Revenue that were wholly unrelated to any interpretation or application of tax law. Justices Rucker and Dickson dissent.

Richard L. Barnes v. State of Indiana
82S05-1007-CR-343
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct. There is no right to reasonably resist unlawful entry by police officers, so the trial court didn’t err in failing to give Barnes’ proffered jury instruction on this right, and the evidence was sufficient to support Barnes’ convictions. Justices Rucker and Dickson dissent.


Indiana Court of Appeals
Commissioner of Labor on the Relation of Vincent and Antimo Scialdone v. An Island, LLC
49A05-1011-PL-777
Civil plenary. Affirms grant of An Island LLC’s motion to dismiss for improper venue and order the case transferred to Perry County. The trial court did not abuse its discretion when it determined that Perry County was the only preferred venue for the case.

Erodney Davis v. State of Indiana
45A05-1008-CR-502
Criminal. Affirms conviction of Class C felony possession of cocaine. The trial court did err by permitting a police detective to testify as a skilled witness, but it was a harmless error. The trial court did not err by excluding evidence of a witness’s prior drug-related convictions or by giving an additional instruction to the jury that it had inadvertently omitted from the final jury instructions.

Jameson Malbrough v. State of Indiana (NFP)
49A02-1009-CR-958
Criminal. Affirms convictions of two counts of Class B felony child molesting, and one count each of Class C felony child molesting, Class D felony vicarious sexual gratification, and Class D felony intimidation.

James Spann v. State of Indiana (NFP)
49A05-1009-CR-588
Criminal. Affirms conviction of Class A misdemeanor obstructing traffic.

Rodney Griffin v. State of Indiana (NFP)
49A02-1010-CR-1108
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Term. of Parent-Child Rel. of R.A., et al.; A.L. v. I.D.C.S. (NFP)
45A03-1005-JT-271
Juvenile. Affirms involuntary termination of parental rights.

Lloyd Conn v. State of Indiana
24A01-1009-CR-508
Criminal. Affirms conviction of Class A felony conspiracy to commit murder. The evidence is sufficient to sustain his conviction.

Robert A. Jordan v. State of Indiana (NFP)
79A02-1006-PC-674
Post conviction. Affirms denial of request for additional educational credit time.

Thomas Huffine v. State of Indiana (NFP)
49A02-1010-CR-1098
Criminal. Affirms sentence following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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