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Opinions May 28, 2014

May 28, 2014
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Hamilton County Assessor v. SPD Realty, LLC
49T10-1104-TA-28
Tax. Affirms the Board of Tax Review’s final determination that SPD Realty’s real and personal property qualified for a charitable purposes exemption for the 2009 tax year. The board’s final determination is not contrary to law and unsupported by substantial evidence because New Life occupied and used the property for a charitable purpose; SPD owned the property for a charitable purpose; and the property was predominately used for charitable purposes.

Wednesday’s opinions
7th Circuit Court of Appeals

Joshua Bunn v. Khoury Enterprises Inc.
13-2292
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Bunn’s former employer, a Dairy Queen franchise, on his claims that his employer violated the Americans with Disabilities Act. Bunn’s failure-to-accommodate claim falls short because his employer did reasonably accommodate his disability. His disparate treatment claim fails because he has not introduced sufficient evidence to create a triable issue of material fact and because the undisputed facts show that the defendant is entitled to judgment as a matter of law.

Indiana Court of Appeals
Craig Alvey v. State of Indiana
20A04-1310-MI-533
Miscellaneous. Affirms denial of Alvey’s petition to expunge the records of his conviction. He did not meet all the requirements of the expungement statute because he admitted twice to violating his probation before successfully completing his sentence.

Melisa R. Digbie v. Review Board of the Indiana Department of Workforce Development and Eaglecare LLC
93A02-1312-EX-1054
Agency action. Reverses decision of the Review Board of the Department of Workforce Development in favor of Eaglecare LLC on Digbie’s claim for unemployment benefits and its determination that Digbie received notice of the Aug. 6 hearing. The DWD presented no evidence that it mailed notice of the hearing to Digbie, so it was not entitled to the rebuttable presumption that she received notice. Remands for a new evidentiary hearing.

Tyrece Robertson v. State of Indiana
49A05-1310-CR-487
Criminal. Reverses convictions of Class D felony attempted residential entry and Class B misdemeanor criminal mischief. The trial court erred when it overruled Robertson’s Baston challenge contesting the state’s use of a peremptory challenge to strike a juror.

A.H. v. State of Indiana
49A05-1309-JV-450
Juvenile. Affirms juvenile court’s restitution order requiring A.H. to provide restitution to the probation department for the electronic monitoring bracelet she cut off and left at a park. The admission agreement left disposition open to the juvenile court and the court did not fail to inquire into her ability to pay.

Jeremy L. Honaker v. State of Indiana (NFP)
39A01-1306-PC-291
Post conviction. Affirms denial of petition for post-conviction relief.

Napoleon Wilson v. State of Indiana (NFP)
45A04-1308-CR-434
Criminal. Affirms denial of motion to suppress the results of a traffic stop.

Jory D. Peters v. State of Indiana (NFP)
45A03-1305-CR-177
Criminal. Affirms murder conviction.

Idowa Hood v. State of Indiana (NFP)
48A02-1309-CR-828
Criminal. Reverses sentence and orders trial court to resentence Hood and calculate his pretrial credit time in accordance with I.C. 35-38-3-2(b)(4).

In the Matter of the Termination of the Parent-Child Relationship of: S.S. (Minor Child), and S.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1309-JT-784
Juvenile. Affirms order denying mother’s motion for relief under Indiana Trial Rule 60(B) and involuntarily terminating her parental rights.

Rachel M. Swaney and Eric Swaney v. Chrysler Group LLC and Grieger's Motor Sales, Inc. (NFP)
64A03-1401-CT-25
Civil tort. Reverses dismissal of the Swaneys’ complaint for failure to prosecute and remands for further proceedings.

Gary Maxwell v. State of Indiana (NFP)
49A05-1308-CR-427
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.  

In the Matter of the Termination of the Parent-Child Relationship of: A.C. (Minor Child) and E.C. (Mother) and R.C. (Father) v. The Indiana Department of Child Services (NFP)
48A02-1310-JT-875
Juvenile. Affirms involuntary termination of parental rights.

Johnnie Winford v. State of Indiana (NFP)

22A01-1307-CR-303
Criminal. Affirms conviction of Class C felony nonsupport of a dependent child.

Mercedes Jones v. State of Indiana (NFP)
49A02-1311-CR-962
Criminal. Affirms conviction of Class A misdemeanor theft.

Jeffrey Duncan v. State of Indiana (NFP)
32A01-1310-CR-456
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a BAC equivalent to 0.15 and determination as a habitual substance offender.

Kevin A. Deubner v. State of Indiana (NFP)
49A05-1309-CR-439
Criminal. Affirms revocation of placement in community corrections program.

Deandrew Russell v. State of Indiana (NFP)
79A04-1308-CR-389
Criminal. Affirms sentence for Class C felony criminal confinement.

Vincent W. Hren v. State of Indiana (NFP)
32A01-1310-CR-436
Criminal. Affirms sentence for Class D felonies operating a vehicle as a habitual traffic violator and operating a vehicle while intoxicated.

Michael Widup v. State of Indiana (NFP)
49A02-1310-CR-861
Criminal. Affirms conviction for Class A felony child molesting and three convictions of Class C felony child molesting but vacates one conviction of Class C felony child molesting as it violates double jeopardy. Vacates sentence imposed on that count.

William Crockett v. State of Indiana (NFP)
71A04-1307-PC-374
Post conviction. Affirms denial of petition for post-conviction relief.

Jesse Clements v. Davina Curry (NFP)
49A02-1308-CT-713
Civil tort. Affirms dismissal of Clements’ counterclaim, reverses grant of summary judgment to Curry and remands for a hearing.

Rashawn Speed v. State of Indiana (NFP)
35A02-1308-CR-696
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class B felony sexual misconduct with a minor.

Steve D. Boyd v. State of Indiana (NFP)
73A01-1310-CR-438
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in narcotics.

Justin M. Alexander v. State of Indiana (NFP)
02A03-1310-CR-403, 02A03-1310-CR-404, 02A03-1310-CR-405
Criminal. Affirms convictions and sentences in three separate, but related, criminal appeals. Remands for clarification of the sentencing orders.

Jason Johnson v. State of Indiana (NFP)
49A02-1310-CR-891
Criminal. Affirms convictions of Class D felony residential entry, Class A misdemeanor interference with reporting a crime and Class A misdemeanor conversion.

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

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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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