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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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