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Opinions Nov. 30, 2010

November 30, 2010
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The following opinion was posted after IL deadline Monday.
Indiana Tax Court
Hubler Realty Company v. Hendricks County Assessor
49T10-1001-TA-5
Tax. Affirms Indiana Board of Tax Review’s upholding of the Hendricks County Property Tax Assessment Board of Appeals’ assessment of Hubler’s commercial properties for the 2006 tax year. The assessor’s testimony doesn’t suggest that her assessments or her determination as to the propriety thereof were the products of sales chasing, spot assessments, or selective reappraisals. The PTABOA’s consideration of Hubler’s sales disclosure form doesn’t mean that it engaged in sales chasing or selectively reappraised Hubler’s properties.

Today’s opinions
Indiana Supreme Court had posted
no opinions at IL deadline.

Indiana Court of Appeals
Albert J. Hall v. State of Indiana
06A05-1003-CR-187
Criminal. Reverses conviction of operating a motor vehicle as a habitual traffic offender as a Class D felony. The trial court committed fundamental error in its instruction on the mens rea element of the Habitual Traffic Violator Statute. Remands for a new trial.

MH Equity Managing Member, LLC v. Debra K. Sands
49A02-1005-CC-495
Civil collections. Affirms order enforcing a settlement agreement between MH Equity Managing Member and Sands providing for dismissal with prejudice of a complaint alleging that Sands had breached a fiduciary duty in performing services for MH Private Equity Fund. The parties entered into a binding contract which required the subsequent execution of a document memorializing their agreement and there is no uncertainty as to any substantial term of the settlement contract.

Anastacio Carrera v. State of Indiana (NFP)
49A02-1003-CR-238
Criminal. Affirms convictions of child molesting as Class A and Class B felonies, and sexual misconduct with a minor as Class B and Class C felonies.

Involuntary Commitment of B.K. (NFP)
33A01-1006-MH-301
Mental health. Affirms commitment at Logansport State Hospital.

Kevin Ware v. State of Indiana (NFP)
69A01-1004-PC-204
Post conviction. Affirms denial of petition for post-conviction relief.

Justin Robinette v. State of Indiana (NFP)
48A02-1004-CR-501
Criminal. Affirms sentence following guilty plea to three counts of Class B sexual misconduct with a minor, and one count of Class C felony sexual misconduct with a minor.

Maria Chavarria v. State of Indiana (NFP)
20A03-1007-CR-381
Criminal. Affirms sentence following guilty plea to dealing in cocaine weighing over three grams, a Class A felony.

E.H., Alleged to be C.H.I.N.S.; J.H. v. Marion County D.C.S. (NFP)
49A02-1004-JC-539
Juvenile. Affirms determination that E.H. is a child in need of services.

Brandon Phillips v. State of Indiana (NFP)
71A03-1004-CR-267
Criminal. Affirms sentence for murder and Class B felony criminal confinement resulting in serious bodily injury.

D.S. v. State of Indiana (NFP)
49A02-1004-JV-484
Juvenile. Affirms adjudications for committing what would be Class B felony burglary and Class D felony theft if committed by an adult, and that the trial court disposition is appropriate.

In the Matter of the Adoption of E.L.; J.N. v. R.J. (NFP)
49A02-1005-AD-569
Adoption. Affirms denial of the stepfather’s petition to adopt his wife’s daughter.

L.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0911-EX-1057
Civil. Affirms decision that L.S. is disqualified from eligibility for unemployment benefits because he was dismissed for just cause.

Kieno Austin v. State of Indiana (NFP)
49A02-1007-CR-820
Criminal. Affirms denial of motion to correct erroneous sentence.

Town v. Review Board and B.K. (NFP)
93A02-1002-EX-146
Civil. Affirms grant of B.K.’s application for unemployment benefits.

Vera D. Alsadi v. State of Indiana (NFP)
34A02-1004-CR-561
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Mary E. McKinney v. Windy Lane Farms, Inc., et al. (NFP)
08A02-1001-CC-71
Civil collections. Reverses dismissal of McKinney’s third-party complaint and the grant of summary judgment in favor of third-party defendants Windy Lane Farms and others. Remands for further proceedings.

Term. of Parent-Child Rel. of N.S., et al.; D.S. v. Bartholomew County D.C.S. (NFP)
03A01-1005-JT-222
Juvenile. Affirms termination of parental rights.

Anthony B. Rias, II v. State of Indiana (NFP)
45A03-1004-CR-182
Criminal. Affirms conviction of felony murder.

DeWayne V. Adamson v. State of Indiana (NFP)
53A01-1002-CR-88
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon and the finding Adamson is a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to five cases for the week ending Nov. 24.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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