Opinions Nov. 30, 2010

November 30, 2010
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline Monday.
Indiana Tax Court
Hubler Realty Company v. Hendricks County Assessor
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
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
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)
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)
Mental health. Affirms commitment at Logansport State Hospital.

Kevin Ware v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Justin Robinette v. State of Indiana (NFP)
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)
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)
Juvenile. Affirms determination that E.H. is a child in need of services.

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

D.S. v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms denial of motion to correct erroneous sentence.

Town v. Review Board and B.K. (NFP)
Civil. Affirms grant of B.K.’s application for unemployment benefits.

Vera D. Alsadi v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Mary E. McKinney v. Windy Lane Farms, Inc., et al. (NFP)
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)
Juvenile. Affirms termination of parental rights.

Anthony B. Rias, II v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder.

DeWayne V. Adamson v. State of Indiana (NFP)
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.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.