ILNews

Opinions Nov. 10, 2011

November 10, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

The following Indiana Tax Court opinion was posted after IL deadline Wednesday:
Maurice O. Fuller and Craig L. Fuller v. Cass County Assessor (NFP)
49T10-1011-TA-68
Tax. Affirms the final determination of the Indiana Board of Tax Review that Maurice Fuller did not establish that he was entitled to the homestead credit, the homestead standard deduction or the mortgage deduction for the 2007-pay-2008 period. Denies Fuller’s claim for fees and costs.

Thursday’s opinions
7th Circuit Court of Appeals

United States of America v. Dale Russell
10-2259
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms Dale Russell’s convictions of producing sexually explicit photographs of his minor daughters, which later crossed international boundaries, and his 38-year prison sentence. Russell argued that the District Court erred in allowing one of his daughters to testify that he had touched her inappropriately one to two years before he took the photographs charged in this case; in excluding from evidence a number of photography books from his collection containing photographs of nude families and children, as well as the proffered testimony of an expert concerning the practice of nudism; and instructing the jury that evidence of a defendant’s flight from prosecution could be considered as evidence of his consciousness of guilt. Judge Gottschall concurs in a separate opinion.

Krysten A. Overly v. KeyBank National Association, et al.
10-2705
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment for KeyBank on Overly’s suit for gender discrimination and retaliation. There are no disputed issues of genuine fact to Overly’s claims.

Gregory L. Payne v. Richard Brown, superintendent, Wabash Valley Correctional Facility
10-1869
U.S. District Court, Southern District of Indiana, Terre Haute Division, Chief Judge Richard L. Young.
Civil. Affirms 50-year sentence following guilty plea to four felony charges related to raping a teen. Concludes the state court’s decision in Payne’s case regarding the appropriateness of his sentence was contrary to clearly established federal law as determined by the Supreme Court of the United States, but Payne knew that his time in prison could be 50 years or more with consecutive sentences.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Anthony H. Dye v. State of Indiana
20A04-1011-CR-728
Criminal. Affirms 30-year sentence, which was enhanced after a finding that Dye is a habitual offender, following Dye’s guilty plea to Class B felony unlawful possession of a firearm by a serious violent felon. The trial court did not err in denying Dye’s motion to dismiss the habitual offender charge. Although the two convictions arose out of the same res gestae, it did not constitute an impermissible double enhancement. Affirms in all other respects. Judge Melissa May dissents.

Jai Cook v. Atlanta, Indiana Town Council
29A02-1105-MI-410
Miscellaneous. Reverses denial of Cook’s petition for judicial review and writ of mandamus. Concludes that Indiana Code 36-8-3-4(m) does not permit a town to terminate the employment of a town marshal in contravention of the express language of I.C. 36-5-7-3 related to the termination or suspension of town marshals specifically. Remands for further proceedings.

In the Matter of Commitment of M.E. v. V.A. Medical Center
49A04-1102-MH-63
Mental health. Affirms order of regular commitment entered by the trial court. M.E. has not established that the trial court committed fundamental error. Judge Bailey concurs in result.

Tommy Britt v. State of Indiana (NFP)
13A01-1012-CR-682
Criminal. Affirms conviction of Class B felony arson.

David J. Johnson v. Kira Johnson Bower (NFP)
54A04-1102-DR-108
Domestic relation. Reverses denial of David Johnson’s motion to modify custody.

In Re the Marriage of: Leigh Sewell v. Lois Sewell (NFP)
53A05-1103-DR-272
Domestic relation. Affirms order that Leigh Sewell receive $140,000 from the TIAA-CREF retirement account of Lois Sewell and no amount of the remainder of the funds in the account.

Wayne Neal Cavanaugh v. State of Indiana (NFP)
05A05-1105-CR-236
Criminal. Affirms finding Cavanaugh violated the terms of his probation and the sentence imposed following the revocation of probation.

David Dunlap v. State of Indiana (NFP)
49A02-1104-CR-333
Criminal. Affirms sentence following guilty plea to seven counts of Class B felony robbery.

Miriam M. Rutherford v. State of Indiana (NFP)
34A05-1106-CR-293
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Willie Myles, Jr. v. State of Indiana (NFP)
52A02-1011-CR-1315
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Term. of Parent-Child Rel. of C.T. and J.D.; D.T. v. Indiana Dept. of Child Services (NFP)
56A03-1103-JT-111
Juvenile. Reverses involuntary termination of parental rights and remands with instructions that the trial court enter additional findings to support its judgment.

Johnny Ray Foster v. State of Indiana (NFP)
81A01-1103-CR-157
Criminal. Affirms convictions of Class B felony burglary, Class C felony burglary, Class D felony theft and Class D felony criminal gang activity, but reverses sentence and remands with instructions to correct the sentencing order.

In the Matter of the Term. of the Parent-Child Rel. of V.H.; V.H. v. The Indiana Dept. of Child Svcs. (NFP)

57A03-1103-JT-141
Juvenile. Affirms involuntary termination of parental rights.

Vassil Marinov and Venetka Marinov v. Wake Robin Estates II Homeowner's Association, Inc. (NFP)
79A02-1104-SC-299
Small claim. Affirms judgment against the Marinovs for homeowner’s association dues and attorney fees.

State of Indiana and the Metropolitan Drug Task Force v. Joseph Ferguson (NFP)
49A05-1106-MI-271
Miscellaneous. Affirms decision by the trial court to exclude the state’s witnesses and exhibits.

Dale D. Wing, Jr. v. State of Indiana (NFP)
20A04-1103-CR-164
Criminal. Reverses denial of petition for jail credit time.

In the Matter of the Term. of the Parent-Child Rel. of S.S. and D.S.; Do.S. v. Indiana Dept. of Child Svcs. (NFP)

03A05-1102-JT-101
Juvenile. Affirms involuntary termination of parental rights.

N.B. v. State of Indiana (NFP)
49A02-1101-JV-121
Juvenile. Affirms determination N.B. is a delinquent child for committing what would be Class A felony arson if committed by an adult.

Joseph Fairrow v. State of Indiana (NFP)
49A05-1012-CR-765
Criminal. Grants rehearing to clarify that a tape recording of the incident involving Fairrow was considered in rendering the appellate court’s decision.

Joseph A. Geesy v. April L. Geesy (NFP)
68A05-1106-RS-330
Reciprocal support. Reverses finding that Joseph Geesy was in contempt for failing to pay child support.

Derek J. Jones v. State of Indiana (NFP)
20A03-1103-CR-95
Criminal. Affirms convictions of various child molesting and other related charges. Vacates trial court’s 40-year sentence for Class C felony child molesting and remands for the trial court to enter a six-year sentence on that count to run consecutively to the sentences for the convictions related to the other victims, for an aggregate sentence of 69 years.

William C. Davis v. State of Indiana (NFP)
65A01-1004-PC-208
Post conviction. Affirms denial of petition for post-conviction relief and remands for specific findings as to the remaining issues as to which no specific findings were made.

Dwight A. Sanaker v. Delaware Advancement Corp. d/b/a Horizon Convention Center (NFP)
18A05-1104-CT-154
Civil tort. Reverses summary judgment for Horizon Convention Center in a negligence case. Remands for further proceedings.

Michael Henderson v. State of Indiana (NFP)
49A02-1102-CR-108
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct and reverses conviction of Class B misdemeanor public intoxication.

Craig S. Alvey v. Forest River Inc. (NFP)
20A03-1105-PL-216
Civil plenary. Affirms partial grant of summary judgment for Forest River in an employment contract dispute.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. 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!!!

  3. 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?

  4. 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?

  5. 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.

ADVERTISEMENT