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Opinions May 20, 2013

May 20, 2013
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The following opinions were posted after IL deadline Friday:
Indiana Tax Court
Board of Commissioners of the County of Jasper, Indiana v. Micah G. Vincent, Commissioner, Indiana Department of Local Government Finance
49T10-1011-TA-59
Tax. Reverses and remands the DLGF’s denial of a request to establish a cumulative building fund and levy for a county hospital, holding that the decision was arbitrary and capricious. The court rejected DLGF’s argument that the statute’s language that a fund and levy may be established “for not more than 12 years” did not preclude re-establishment of a fund that expired.

Indiana Supreme Court
In the Matter of: Arthur J. Usher, IV
49S00-1105-DI-298
Discipline. In a per curiam decision, justices suspend Usher for three years for violating several Indiana Professional Conduct Rules stemming from an incident where he had his paralegal email more than 50 attorneys a video clip purporting to depict a former summer intern nude in a film.

Monday’s opinions
7th Circuit Court of Appeals
United States of America v. John W. Bloch, III
12-2784
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms in part, reverses in part and remands. The court affirmed a conviction of firearm possession by a felon, but found error in convictions of two counts under 18 U.S.C. Section 922 because the possession of two firearms arose from the same incident. Ordered the District Court for the Northern District of Indiana to merge the convictions and resentence Bloch on a single count.

United States of America v. Jamel H. Brown
12-3413
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms 400-month sentence on a conviction of unlawful possession of a firearm, holding that the sentence in the District Court for the Southern District of Indiana was rendered after an acceptable consideration of disputed matter in the presentence report.

Indiana Court of Appeals
David F. Wood v. State of Indiana
49A02-1207-CR-615
Criminal. Reverses convictions and aggregate 11-year sentence for Class B felony possession of a firearm by a serious violent felon and five counts of Class D felony possession of child pornography. The court vacated the SVF conviction, finding error because a plea was accepted after a jury returned a verdict form marked “No” regarding whether Wood knowingly or intentionally possessed a firearm. The court also found that five, consecutive one-year sentences for Class D felony convictions violates a cap of four years in I.C. 35-50-1-2. Remands for resentencing.

Roger Jay Piatek, M.D., and The Piatek Institute v. Shairon Beale
49A04-1209-CT-463
Civil tort. Affirms trial court’s denial of Piatek’s motion for mistrial. Found that a reference by Beale’s counsel during the trial to Piatek pleading the Fifth Amendment was generic and did not subject the doctor to greater prejudice. Also, the court held the trial court’s admonition to the jury was sufficient to cure any prejudice from the reference to pleading the Fifth.  

Jeffery S. Williams v. State of Indiana (NFP)
59A05-1209-CR-487
Criminal. Affirms in part and reverses in part Williams’ 15-year sentence for pleading guilty to one count of possession of methamphetamine as a Class B felony. Remands for the trial court to decide whether to grant Williams credit for his pre-trial release on bond. Rules Williams failed to show the trial court abused its discretion when it did not enter a written sentencing statement with an explanation for the sentence imposed. Expresses no opinion on Williams’ claim the trial court abused its discretion by failing to recognize mitigating factors. Finds that Williams failed to meet his burden of establishing that his sentence was inappropriate.

Gina West v. Midland Credit Management, Inc. (NFP)
03A01-1208-CC-395
Civil collection. Reverses the denial of motion to set aside a default judgment. Rules West had shown prima facie error in the denial of her motion as her motion did not have to be brought within a year and she proved service was improper.  

Kevin E. Scheumann and Tina Reynolds v. Danny Clark, Jason L. Little, Recovery One LLC, Renovo Services LLC, Renaissance Recovery Solutions LLC, Citifinancial Auto Credit Inc., et al. (NFP)
02A03-1210-CT-448
Civil tort. Affirms trial court entering final judgment in favor of Renovo Services LLC on its summary judgment ruling. Found the trial court did not err in finding that Renovo was not liable for any of the plaintiffs’ claims or any wrongdoing of the independent contractors under a theory of respondeat superior.  

Creditmax, Inc. v. Steve D. Jones (NFP)
03A05-1211-CC-598
Civil collection. Affirms trial court’s order that entered a limited garnishment of Jones’ wages in the amount of $20 per week in favor of Creditmax.

George Johnson v. State of Indiana (NFP)
49A02-1207-CR-616
Criminal. Affirms Johnson’s 20-year sentence imposed following his convictions of Class B felony criminal confinement and Class A misdemeanor battery. Ruled in light of Johnson’s character and offense, the sentence is not inappropriate.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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