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Opinions May 28, 2013

May 28, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Friday:
Dora Brown, Ben Kindle, and Sonjia Graf v. Department of Local Government Finance
49T10-0912-TA-83
Tax. Rules the DLGF was not required to perform a “needs analysis” set forth in I.C. 36-6-6-14(d) before it approved the Gregg Township Board of Morgan County’s loan for a new fire truck under I.C. 36-8-13. The DLGF’s final determination is supported by the evidence. Remands for the DLGF to address whether its final determination violates the Indiana Constitution.

Monday’s opinions
Indiana Court of Appeals
David Streeter v. State of Indiana (NFP)
44A04-1110-PC-640
Post conviction. Affirms denial of amended petition for post-conviction relief.

In Re the Matter of L.P., Alleged Child In Need of Services, S.P. and M.H. v. Indiana Department of Child Services and Miami County CASA Program (NFP)
52A02-1212-JC-1028
Juvenile. Affirms determination that L.P. is a child in need of services.

In Re The Matter of: D.H. and D.H., Children in Need of Services; D.H. (Father) v. Marion County Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1210-JC-827
Juvenile. Affirms determination that D.L.H. and D.H. are children in need of services.

Term. of the Parent-Child Rel. of S.B. (Minor Child) and A.B. (Mother) and D.B. (Father) v. The Indiana Dept. of Child Services (NFP)
53A01-1208-JT-341
Juvenile. Affirms involuntary termination of parental rights.

Robert L. Murray v. State of Indiana (NFP)
45A05-1205-PC-274
Post conviction. Affirms denial of petition for post-conviction relief.

Kevin Williams v. State of Indiana (NFP)
79A02-1209-CR-761
Criminal. Affirms conviction of murder.

Samuel Bradley v. State of Indiana (NFP)
75A05-1211-CR-647
Criminal. Affirms conviction and sentence for Class B felony attempted deviate conduct.

Dennis Powell & Barbara Powell v. Porter Hospital, LLC d/b/a Porter Hospital (NFP)
64A03-1210-CT-413
Civil tort. Reverses dismissal of the Powells’ complaint against Porter Hospital and remands for further proceedings.

Angel L. Diaz v. State of Indiana (NFP)
52A04-1212-CR-660
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class D felony pointing a firearm, and Class B misdemeanor criminal mischief.

Louis Moreira v. State of Indiana (NFP)
10A01-1208-CR-351
Criminal. Affirms two convictions of Class B felony burglary.

D.P. and G.P. v. J.H. and T.H. (NFP)
71A05-1210-MI-618
Miscellaneous. Remands with instructions to conduct a new hearing on the foster parents’ motion to tax fees and costs. Declines to address the grandparents’ arguments related to the adoption of J.P. by the foster parents and denies the foster parents’ request for appellate attorney fees.

Richard B.E. Spoon v. State of Indiana (NFP)
55A04-1205-CR-253
Criminal. Affirms conviction and sentence for Class B felony child molesting.

Jacob Phillips v. State of Indiana (NFP)
87A01-1211-CR-500
Criminal. Affirms 35-year sentence for Class A felony child molesting and the calculation of pre-sentencing credit time.

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

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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