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Opinions May 19, 2014

May 19, 2014
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The following opinion was issued by the Indiana Tax Court after IL deadline Friday.
Van Buren Township, Madison County, Boone Township, Madison County, The Summitville Fire Protection Territory v. Department of Local Government Finance
49T10-1104-TA-27
Tax. Affirms Department of Local Government Finance denial of creation of the Summitville Fire Protection Territory because of defects in a legal advertisement to provide notice of a public hearing at which two townships proposed creation of the fire district and its authority to levy taxes. The court rejected arguments that each township published notice of the meeting on the same day in the same newspaper, so therefore a reasonable person would not have been misled by the defective legal notice.

May 19, 2014
Indiana Court of Appeals
M.S.D. of Martinsville v. Rebecca Jackson, individually and as parent and legal guardian of C.J., a Minor, and Kelli Dearth, Individually and as parent and legal guardian of B.K., a Minor
55A01-1304-CT-182
Civil tort. Affirms denial of motion for summary judgment filed by Metropolitan School District of Martinsville. The school district claimed it was immune from liability under the Indiana Torts claims Act after a shooting at Martinsville West Middle School injured two students. The Court of Appeals found the school district was not immune because the school principal’s work in developing the safety plan was not a discretionary function as exempted under the ITCA. Also the Court of Appeals ruled there are genuine issues of material fact as to whether the school district breached its duty to protect C.J. and B.K. and whether C.J. was contributorily negligent.

William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. Affirms convictions of Class B felony incest, Class C felony incest, Class D felony possession of child pornography and Class A misdemeanor battery.

Russell Lawless v. Leslie Lawless (NFP)
58A01-1308-DR-366
Domestic relation. Affirms dissolution court’s deviation from the presumed equal division of marital property. Reverses the judgment of the dissolution court with respect to its determination of the amount of the marital debts and the value of the retirement plan. Remands with instructions for the dissolution court to recalculate the total amount of marital debts based upon the dates on which debts were incurred and on whose behalf, and assess the value of the retirement plan’s vested portion as of the date of the dissolution petition. The dissolution court will have discretion in determining the value of any appreciation in that portion of the retirement plan.

Michael Mason v. State of Indiana (NFP)
49A04-1310-CR-493
Criminal. Affirms conviction and 65-year sentence for murder.

Gary Sistrunk v. State of Indiana (NFP)
49A05-1211-CR-567
Criminal. Affirms conviction of robbery as a Class B felony. Remands with instructions to enter conviction of criminal confinement as a Class D felony and to impose a sentence consistent therewith, to be served concurrently with his sentence for the robbery conviction. Judge Michael Barnes dissents in part, arguing the robbery and confinement were not separate criminal transgressions. Therefore, the confinement conviction should be vacated entirely.  

Gary Sistrunk v. State of Indiana (NFP)
49A04-1210-CR-527
Criminal. Remands with instructions to vacate Sistrunk’s conviction of criminal confinement under Count II, and to enter his conviction of robbery under Count III as a Class C felony rather than a Class B felony. Also remands to enter Sistrunk’s convictions of criminal confinement under Counts IV and V as Class D felonies rather than Class B felonies. Finally, remands to revise the sentences to be consistent with the appropriate class level for the felonies and to be served concurrently with the sentence imposed for the robbery conviction. Judge Michael Barnes dissents from the majority view that Counts III, IV and V must be reduced because Sistrunk did not repeatedly use the weapon during the commission of the crime.  

In re the Marriage of: William Adamson v. Pamela Adamson (NFP)
55A05-1310-DR-485
Domestic relation. Reverses and remands the Morgan Circuit Court’s denial of William Adamson’s motion to modify the physical custody of K.A., finding him in contempt of court and requiring him to pay Pamela Adamson’s attorney fees.

The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline Monday.


 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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