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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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